Shepard and Associates, Inc., et al v. Lokring Technology, LLC
| Brad Shepard and Shepard and Associates, Inc. doing business as Lokring Southwest Company |
| Lokring Technology, LLC |
| Shepard and Associates, Inc. |
| Jared Guidry and Tube-Mac Industries, Inc. |
| 1:2020cv02488 |
| November 3, 2020 |
| US District Court for the Northern District of Ohio |
| Pamela A Barker |
| Bridget Meehan Brennan |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Both |
Docket Report
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This docket was last retrieved on March 29, 2024. A more recent docket listing may be available from PACER.
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Filing 268
Subpoena Returned Executed; served upon Paul Rupert by Federal Express on 7/18/2022 filed on behalf of Brad Shepard, Shepard and Associates, Inc. Related document(s) #267 . (Sayre, John)
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Filing 267
Notice of Issuance of Subpoena filed by Brad Shepard, Shepard and Associates, Inc.. (Attachments: #1 Exhibit A - Subpoena for Deposition)(Sayre, John)
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Minutes of proceedings [non-document] before Judge Bridget Meehan Brennan. A telephonic status conference was held on July 14, 2022, to address the Plaintiffs' motion to depose Mr. Lennon for a full day. (Doc. No. #266 .) Attorney John Sayre appeared on behalf of Plaintiffs Shepard and Associates, Inc. and Brad Shepard. Attorney Samuel Lauricia appeared on behalf of Defendant/Third-Party Plaintiff Lokring Technology, LLC. Attorney Ralph Fisher appeared on behalf of Tube-Mac Industries, Inc. For the reasons stated in the July 14, 2022 order, the Court granted Plaintiffs' motion. The Court noted that some of the communications attached to the motion lacked professionalism. All counsel were reminded that the Court expects all communications between counsel to be professional at all times. Time: 15 minutes. (V,AR)
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Filing 266
Motion to Permit Full Deposition filed by Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc.. (Attachments: #1 Exhibit 1 - Supporting Email, #2 Exhibit 2 - Supporting Email, #3 Exhibit 3 - Supporting Email, #4 Errata 4 - Supporting Email, #5 Exhibit 5 - Depo Transcript Page, #6 Exhibit 6 - Supporting Email, #7 Exhibit 7 - Supporting Email) (Sayre, John)
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Filing 265
Answer to #61 Third party complaint,, Amended counterclaim, filed by Tube-Mac Industries, Inc.. (Fischer, Ralph)
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Order [non-document] granting Plaintiffs' motion to permit full deposition of William Lennon pursuant to Rule 30(d). (Doc. No. #266 .) The deposition has been noticed for 7/15/2022. Plaintiffs are permitted to depose Mr. Lennon for up to 7 hours. Mr. Lennon was previously deposed by Third-Party Defendant Tube-Mac, as a Rule 30(b)(6) witness and in his individual capacity, for a total of 6 hours and 54 minutes. Plaintiffs' counsel is advised not to re-examine Mr. Lennon on matters Mr. Lennon previously testified to in his personal capacity. Judge Bridget Meehan Brennan on 7/14/2022. (V,AR)
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IMPORTANT: Notice [non-document] of Status Conference set for 7/14/2022 at 4:15 PM to be held telephonically before Judge Bridget Meehan Brennan. The Court will host the conference call and inform counsel by way of email of the telephone number for the conference. The parties shall dial into the Court's bridge line at least five minutes prior to the scheduled conference time. (V,AR)
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Filing 264
Attorney Appearance by Matthew T. Fitzsimmons filed by on behalf of Brad Shepard, Shepard and Associates, Inc.. (Fitzsimmons, Matthew)
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Filing 263
Notice to take Deposition of Dan Hewson on Thursday, July 28, 2022, at 1:00 p.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 262
Notice to take Deposition of Geoff MacKay on Thursday, July 28, 2022, at 9:00 a.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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IMPORTANT: Notice [non-document]: The Status Conference set for July 12, 2022, at 10:00 a.m. has been canceled. (V,AR)
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Filing 261
Memorandum Opinion and Order: For reasons set forth herein, Tube-Mac's Motion to Dismiss (ECF #71 ) is GRANTED IN PART and DENIED IN PART. Tube-Mac's Motion to Dismiss is GRANTED with respect to Counts Four, Five, Six, and Ten of Lokring's Third-Party Complaint, GRANTED IN PART with respect to Count Nine of Lokring's Third-Party Complaint, and DENIED with respect to Counts Seven and Eight of Lokring's Third-Party Complaint. Judge Bridget Meehan Brennan on 7/1/2022. (V,AR)
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Filing 260
Subpoena Returned Executed; served upon Paul Rupert by Certified Mail on June 28, 2022 filed on behalf of Brad Shepard, Shepard and Associates, Inc. Related document(s) #249 . (Sayre, John)
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Filing 259
Memorandum Opinion and Order: For reasons set forth herein, Lokring's Motion to Dismiss (ECF #54 ) is GRANTED IN PART and DENIED IN PART. Lokring's Motion to Dismiss is GRANTED with respect to Counts Three, Four, and Five of Plaintiff's Second Amended Complaint and DENIED with respect to Counts One and Two of Plaintiff's Second Amended Complaint. Judge Bridget Meehan Brennan on 6/30/2022. (V,AR)
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IMPORTANT: Notice [non-document] of Status Conference set for 7/7/2022 at 2:00 PM to be held by video conference before Judge Bridget Meehan Brennan. Attendance of all lead counsel is mandatory. Client attendance is optional. The Court will send the conference information to counsel by e-mail. (V,AR)
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Filing 258
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Subpoena to Testify at a Deposition in a Civil Action))(Lauricia, Samuel)
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Filing 257
Amended Notice to take Deposition of Paul Rupert on July 8, 2022 filed by All Plaintiffs. (Attachments: #1 Exhibit Amended Subpoena for Paul Rupert)(Sayre, John)
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Filing 256
Memorandum Opinion and Order: For the reasons stated herein, the Court DENIES Plaintiffs' Motion to Apply Texas Law (Doc. No. #197 ) and Plaintiffs' Motion for Leave to File Third Amended Complaint (Doc. No. #201 .) Judge Bridget Meehan Brennan on 6/22/2022. (R,AP)
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Filing 255
Non-Appeal Transcript Order Form for proceedings held on April 14, 2022 before Judge Bridget Meehan Brennan, Court Reporter: George Staiduhar. Requested completion date: August 2, 2022 filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 254
Notice to take Deposition of Brad Shepard on Thursday, July 21, 2022, 9:00 a.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 253
Notice to take Deposition of Terry Foss on Tuesday, July 19, 2022, 9:00 a.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 252
Notice to take Deposition of John Neidig on Wednesday, July 13, 2022, 1:00 p.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 251
Notice to take Deposition of Michael Shook on Wednesday, July 13, 2022, 9:00 a.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 250
Notice to take Deposition of William Lennon on July 15, 2022 filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 249
Notice of Issuance of Subpoena filed by Brad Shepard, Shepard and Associates, Inc.. (Attachments: #1 Exhibit A Subpoena)(Sayre, John)
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Filing 248
Marginal Entry Order granting the Unopposed Motion to Withdraw ECF Doc. No. 218-1. (Doc. No. #244 .) Judge Bridget Meehan Brennan on 6/15/2022. (R,AP)
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Filing 247
Notice to take Deposition of Michael Hayes on Wednesday, June 29, 2022, 9:00 a.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 246
Notice to take Deposition of Robert MacKay on Tuesday, June 28, 2022, 9:00 a.m. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 245
Notice of Service of Lokring Technology, LLC's Objections and Responses to Tube-Mac Industries, Inc.'s Fifth Set of Requests for Production of Documents filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 244
Unopposed Motion to withdraw document ECF No. 218-1 filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. Related document(s) #218 . (Attachments: #1 Revision Redacted ECF Doc. No. 218-1)(Lauricia, Samuel)
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Filing 243
Notice of Appearance of attorney Eric Kyser filed by Lokring Technology, LLC. (Kyser, Eric)
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Filing 242
Supplemental Initial Disclosures filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 241
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Subpoena Duces Tecum to Andrew Voda))(Lauricia, Samuel)
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Filing 240
Notice of Service of Responses to Lokring's 4th Request for Documents filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 239
Motion for leave to File Surreply Instanter filed by Brad Shepard, Shepard and Associates, Inc. Related document(s) #236 , #238 , #237 . (Sayre, John)
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Filing 238
Reply in support of #236 Motion for sanctions Against Plaintiffs Shepard and Associates, Inc. and Brad Shepard Motion to compel Plaintiffs to Supplement Prior Responses to Discovery filed by Lokring Technology, LLC. (Attachments: #1 Exhibit P- Email Correspondence, #2 Exhibit Q - Text Messages)(Miklowski, Joshua)
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Filing 237
Brief in Opposition to Lokring's Motion for Sanctions filed by Brad Shepard, Shepard and Associates, Inc.. Related document(s) #236 . (Attachments: #1 Exhibit 1 Litigation Hold Letter, #2 Exhibit 2 Email Communication) (Sayre, John)
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Filing 236
Motion to compel Plaintiffs to Supplement Prior Responses to Discovery, Motion for sanctions Against Plaintiffs Shepard and Associates, Inc. and Brad Shepard filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. (Attachments: #1 Exhibit A (Jared Guidry 3.2.21 Email), #2 Exhibit B (Alba Payments), #3 Exhibit C (Termination Letter), #4 Exhibit D (BigContacts Emails), #5 Exhibit E (Plaintiffs' Responses to Lokring's First Request for Admissions), #6 Exhibit F (Avalon Affidavit No. 1), #7 Exhibit G (Avalon Affidavit No. 2), #8 Exhibit H (Jared Guidry Exxon Emails), #9 Exhibit I (John Sayre Emails), #10 Exhibit J (Brad Shepard Deleted Email), #11 Exhibit K (Brad Shepard 2.19.21 Hotmail Email), #12 Exhibit L (Brad Shepard Deleted Business Plan Email), #13 Exhibit M (Plaintiffs' Responses to Lokring's First Request for Production of Docucments), #14 Exhibit N (Emails Advising LYB of Price Increase), #15 Exhibit O (Privilege Log))(Lauricia, Samuel). Added Motion to compel on 5/13/2022 (M,CE).
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Filing 235
Trial Order: Parties are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Jury Trial is scheduled for April 17, 2023, at 9:00 a.m. Final Pretrial is scheduled for April 3, 2023, at 10:00 a.m. Judge Bridget Meehan Brennan on 5/10/2022. (Attachments: #1 Appendix A- Exhibit List, #2 Appendix B- Witness List) (V,AR)
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Filing 234
Notice of Service of Lokring Technology, LLC's Objections and Responses to Tube-Mac Industries, Inc.'s Fourth Set of Requests for Production of Documents filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 233
Order: For reasons set forth in this Order, Defendant/Third-Party Plaintiff Lokring Technology is hereby ordered to file a motion with the Court outlining the discovery dispute, the remedies it seeks, and the applicable legal authority for its position(s). The motion must be filed no later than May 10, 2022. The motion may not exceed 10 pages in length. Any responses must be filed no later than May 13, 2022. The responses may not exceed 10 pages in length. A reply, limited to no more than five pages, must then be filed no later than May 16, 2022. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 5/6/2022. (R,AP)
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Filing 232
Notice of Service of Lokring Technology, LLC's Fourth Set of Requests for Production of Documents to Plaintiffs Shepard and Associates, Inc. and Brad Shepard filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 231
Minutes of Proceedings and Order before Judge Bridget Meehan Brennan. An in-person status conference was held on May 2, 2022. Attorney John Sayre appeared on behalf of Plaintiffs Shepard and Associates, Inc. and Brad Shepard. Attorneys Samuel Lauricia and Joshua Miklowski appeared on behalf of Defendant/Third-Party Plaintiff Lokring Technology, LLC. Pursuant to agreement of the parties, the Court will conduct an in camera review of the materials specified in the attached Order. The parties are advised to review the attached Order. (Court Reporter: None.) Time: 50 minutes. (R,AP)
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Filing 230
Order: For the reasons set forth in this Order, Plaintiff's Motion for Leave to File a Reply to Defendant Lokring Technology, LLC's sur-reply (Doc. No. #224 ) is DENIED. IT IS SO ORDERED. Judge Bridget Meehan Brennan on 4/29/2022. (V,AR)
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Order [non-document] denying Motion to attend by telephone or videoconference (Related Doc #229 ). Judge Bridget Meehan Brennan on 4/29/2022.(Brennan, Bridget)
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Filing 229
Motion to attend May 2, 2022 status conference via video or by telephone filed by 3rd Pty Defendant Tube-Mac Industries, Inc.. (Fischer, Ralph) Modified text on 4/28/2022 (M,CE).
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IMPORTANT: Notice [non-document] of Status Conference set for 5/2/2022 at 09:00 AM in Chambers 15B before Judge Bridget Meehan Brennan to address Defendant Lokring Technology, LLC's Motion to Show Cause and the notices of disclosures submitted by Plaintiff's pursuant to the Court's April 14, 2022 Order. (Doc. Nos. #187 , #227 , and #228 .) Lead counsel for Shepard and Associates, Inc. and Lokring Technology, LLC must appear. Given the limited issue to be addressed, counsel for Third-Party Defendant Tube-Mac Industries, Inc. is not mandated to appear. (V,AR)
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Order [non-document]. For the reasons stated during the hearing on April 14, 2022, Third-Party Defendant Tube-Mac Industries, Inc.'s Motion to Compel Responses to Interrogatories 14-22 is GRANTED. (Related Doc #214 ). Judge Bridget Meehan Brennan on 4/27/2022.
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Filing 228
Supplemental Notice of Filing Disclosures Pursuant to Order filed by Brad Shepard, Shepard and Associates, Inc.. Related document(s) #227 ,.(Sayre, John)
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Filing 227
Notice of Disclosures filed by All Plaintiffs. (Attachments: #1 Exhibit Rule 11 agreement, #2 Exhibit Agreed protective order)(Sayre, John)
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Filing 226
Notice of Service of Lokring Technology, LLC's Second Set of Requests for Production of Documents to Tube-Mac Industries, Inc. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 225
Notice of Service of Lokring Technology, LLC's First Set of Interrogatories to Tube-Mac Industries, Inc. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Order [non-document] for the reasons stated by the Court during the 4/14/2022 hearing, the Court is holding in abeyance Third-Party Defendant's motion that certain requests for admissions be deemed admitted (Related Doc #158 ). Judge Bridget Meehan Brennan on 4/14/2022.
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Order [non-document] requiring counsel for Brad Shepard and Shepard and Associates, Inc. to provide a complete inventory of any trade secret or confidential information disclosed following the Court's Order (ECF #170 ) issued on 2/2/2022. Specifically, counsel for Brad Shepard and Shepard and Associates, Inc. should disclose to the Court what information was disclosed, who received such information, and if counsel, who they represent, when each disclosure was made, what, if any, agreement is in place to protect that information from further disclosure, and whether this Court's order was provided to them or made known to them prior to any disclosure made after 2/2/2022. Judge Bridget Meehan Brennan on 4/14/2022. (R,AP)
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IMPORTANT: Notice [non-document]: In preparation of the in-person Status Conference set for 4/14/2022 at 9:00 AM, parties should be prepared to address the Motion to Show Cause #187 , the Motion to Apply Texas Law #197 , and any ongoing discovery disputes. (V,AR) .
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Filing 224
Motion for leave to Respond to Surreply filed by Brad Shepard, Shepard and Associates, Inc.. Related document(s) #197 , #211 , #215 , #223 . (Attachments: #1 Pleading Response to Surreply, #2 Exhibit 1 to Surreply)(Sayre, John)
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Filing 223
Sur-Reply re ECF Nos. #197 , #211 and #215 filed by Lokring Technology, LLC. (R,AP)
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Filing 222
Motion for leave to File Sur-Reply filed by Defendant/Thir-Party Plaintiff Lokring Technology, LLC. (Related document(s) #211 , #197 , #215 ). (Attachments: #1 Sur-Reply) (Lauricia, Samuel)
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Filing 221
Marginal Entry Order Granting #220 Third Party Defendant's Motion to Attend the 4/14/2022 Status Conference by Telephone. Attorney Robert Wagner to appear in person with attorney Ralph Fischer to appear by telephone. This is a counsel-only status conference. Parties need not be present. Judge Bridget Meehan Brennan on 4/11/2022. (R,AP)
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Order [non-document] granting Lokring's Motion for leave (Related Doc #222 ) to file Sur-Reply re ECF Nos. 197, 211 and 215. The document is deemed filed and the Court will take it under advisement. Judge Bridget Meehan Brennan on 4/11/2022.(BMB)
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Filing 220
Motion to attend April 14, 2022 status conference by video or by telephone filed by 3rd Pty Defendant Tube-Mac Industries, Inc.. (Fischer, Ralph)
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Filing 219
Reply in support of #214 Motion to compel Lokring Technology, LLC to Answer Interrogatories 14-22 filed by Tube-Mac Industries, Inc.. (Fischer, Ralph)
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IMPORTANT: Notice [non-document] of in-person Status Conference set for 4/14/2022 at 09:00 AM in Chambers 15B before Judge Bridget Meehan Brennan. Parties should be prepared to discuss ongoing discovery disputes. (R,AP)
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Filing 218
Opposition to #214 Motion to compel Lokring Technology, LLC to Answer Interrogatories 14-22 filed by Lokring Technology, LLC. (Attachments: WITHDRAWN PER #248 MARGINAL ENTRY ORDER #(1) Exhibit A - Price List, #2 Exhibit B - Rule 37 Letters, #3 Exhibit C - Guidrys Objections & Responses to Lokrings Subpoena)(Lauricia, Samuel) Modified to denote withdrawn on 6/15/2022 (R,AP).
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Filing 217
Notice of Withdrawal of Subpoena filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 216
Reply to response to #201 Motion for leave to file third amended complaint filed by Brad Shepard, Shepard and Associates, Inc.. (Attachments: #1 Exhibit 1 Email Communication, #2 Exhibit 2 Email Communication)(Sayre, John)
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Order [non-document]: Defendant/Third-Party Plaintiff Lokring Technology, LLC is ordered to respond to Third-Party Defendant Tube-Mac Industries, Inc.'s Motion to Compel (#214 ) by or before 5:00 PM on April 7, 2022. Judge Bridget Meehan Brennan on 4/05/2022. (R,AP)
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Filing 215
Reply to response to #197 Motion to Apply Texas Law filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Order [non-document] denying Defendant/Third-Party Plaintiff's Motion for Return of Bond (Related Doc #186 ). For the reasons set forth in Plaintiffs' Opposition #190 to Lokring's Motion for Return of Bond, this motion is DENIED. Judge Bridget Meehan Brennan on April 1, 2022. (BMB)
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Filing 214
Motion to compel Lokring Technology, LLC to Answer Interrogatories 14-22 filed by 3rd Pty Defendant Tube-Mac Industries, Inc. (Attachments: #1 Exhibit Ex. 1 - email correspondence between counsel showing a good faith effort to meet and confer, #2 Exhibit Ex. 2 - Tube-Mac's 4th set of interrogatories, #3 Exhibit Ex. 3- Lokring response to Tube-Mac's 4th set of interrogatories, #4 Exhibit Ex. 4 - Lokring response to Tube-Mac interrogatories 1-7, #5 Exhibit Ex. 5 - Lokring response to Tube-Mac interrogatories 8-10, #6 Exhibit Ex. 6 - Lokring supplemental responses to Tube-Mac interrogatories 11-13)(Fischer, Ralph)
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Filing 213
Subpoena Returned Executed; served upon William Hillegas, Hillegas, Chepenik & Hood, CPAs by Process Server/Hand Delivery on March 25, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 212
Opposition to #201 Motion for leave to file third amended complaint Instanter filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 211
Opposition to #197 Motion to Apply Texas Law to Plaintiffs' Claims Under the Exclusive Distributorship Agreement filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 210
Subpoena Returned Executed; served upon BP Corporation North America, Inc. by Hand Delivery on March 29, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 209
Subpoena Returned Executed; served upon Nucor Steel Texas by Hand Delivery on March 25, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 208
Subpoena Returned Executed; served upon LyondellBasell by Hand Delivery on 3/29/2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 207
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 206
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 205
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Order [non-document] granting defendant's #204 Unopposed Motion for Extension of Time until March 30, 2022 to file response to #197 Motion to Apply Texas Law. Judge Bridget Meehan Brennan on 3/23/2022. (R,AP)
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Filing 204
Unopposed Motion for extension of time until March 30, 2022 to file response filed by Defendant Lokring Technology, LLC. Related document(s) #197 . (Miklowski, Joshua)
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Filing 203
Notice of Service of Lokring Technology, LLC's Supplemental Objections and Responses to Tube-Mac Industries, Inc.'s Requests for Production of Documents Nos. 28 and 29 filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 202
Notice of Service of Lokring Technology, LLC's Supplemental Responses and Objections to Tube-Mac Industries, Inc.'s Third Set of Interrogatories filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 201
Motion for leave to file third amended complaint filed by Brad Shepard, Shepard and Associates, Inc. (Attachments: #1 Third Amended Complaint, #2 Exhibit A to Amended Complaint, #3 Exhibit B top Amended Complaint, #4 Exhibit C to Amended Complaint, #5 Exhibit D to Amended Complaint, #6 Exhibit E to Amended Complaint, #7 Exhibit F to Amended Complaint)(Sayre, John)
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Filing 200
Minutes of proceedings before Judge Bridget Meehan Brennan. Parties advised the Court of the status of this case, including outstanding discovery matters and pending motions. Plaintiffs' counsel advised that it would not oppose Lokring Technology's motion for an extension of discovery deadlines (ECF #199 ), but indicated the need to continue with certain noticed depositions referenced in ECF#198 . Tube- Mac's counsel stated its opposition to this motion, but also acknowledged that it had produced 6,000 documents to Lokring Technology the morning of this status conference. Accordingly, Lokring Technology's motion (ECF#199 ) motion is GRANTED, with revised deadlines as follows: fact discovery due by 8/01/22; initial expert reports for the party bearing the burden of proof due by 9/12/22; expert rebuttal reports due by 10/31/22; and expert discovery completed by 11/29/22. The following in-person status conferences are also set: 7/12/22 at 10:00 AM and 12/2/22 at 10 AM. The status conferences will be in Chambers 15B. As matters related to Lokring Technology's motion for a protective order (ECF#198 ) and Tube-Mac's motion to compel (ECF#162 ) were addressed, the parties agreed to further discussions in order to resolve these disputes. The Court hereby DENIES AS MOOT motions #198 and #162 . The motions may be refiled, if necessary. (Court Reporter: None.) Time: 55 minutes. (R,AP)
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Order [non-document] denying as moot 3rd Party Defendant Tube-Mac Industries, Inc.'s Motion to Compel Discovery (Related Doc #162 ); denying as moot 3rd Party Defendant Tube-Mac Industries, Inc.'s Motion for Protective Order (Related Doc #198 ); granting Defendant Lokring Technology, LLC's Motion to Extend Case Management Deadlines by 120 Days (Related Doc #199 ). Judge Bridget Meehan Brennan on 3/11/2022. (R,AP)
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Filing 199
Motion to Extend Case Management Deadlines by 120 Days filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 198
Motion for protective order filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. (Attachments: #1 Exhibit 1 (Notice of Deposition), #2 Exhibit 2 (May 21, 2021 Rule 37 Letter), #3 Exhibit 3 (March 10, 2022 Rule 37 Letter))(Lauricia, Samuel)
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Filing 197
Motion to Apply Texas Law filed by Brad Shepard, Shepard and Associates, Inc. in all capacities. (Attachments: #1 Exhibit 1 Business & Commerce Code, #2 Exhibit 2 EDA Communications) (Sayre, John)
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Filing 196
Notice of Service of Lokring Technology, LLC's Responses and Objections to Tube-Mac Industries, Inc.'s Third Set of Interrogatories filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 195
Subpoena Returned Executed; served upon Andrew Steven by Federal Express on March 9, 2022 filed on behalf of Brad Shepard, Shepard and Associates, Inc. Related document(s) #179 . (Sayre, John)
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Filing 194
Subpoena Returned Executed; served upon Cynthia Shepard by Certified Mail on March 1, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 193
Subpoena Returned Executed; served upon Joe Shepard by Certified Mail, Return Receipt Requested on March 1, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 192
Subpoena Returned Executed; served upon John D. Sayre by by Certified Mail, Return Receipt Requested on February 28, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 191
Brief in Opposition to Motion to Show Cause filed by Brad Shepard, Shepard and Associates, Inc.. (Related document(s) #187 ). (Attachments: #1 Exhibit 1 - Emails, #2 Exhibit 2 - Emails, #3 Exhibit 3 - Emails and purchase orders, #4 Exhibit 4 - Cancellation of Brad Shepard's flight to Canada) (Sayre, John)
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Filing 190
Brief in Opposition to Defendant Lokring's Motion for Return of Bond filed by Brad Shepard, Shepard and Associates, Inc.. (Related document(s) #186 ) (Sayre, John)
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Filing 189
Subpoena Returned Executed; served upon Jared Guidry by Process Server/Hand Delivery on March 2, 2022 filed on behalf of Lokring Technology, LLC Related document(s) #175 . (Lauricia, Samuel)
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Filing 188
Subpoena Returned Executed; served upon Dan Conway by Certified Mail on February 28, 2022 filed on behalf of Brad Shepard, Shepard and Associates, Inc. Related document(s) #178 . (Sayre, John)
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Filing 187
Motion to show cause filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. Related document(s) #170 , #174 . (Attachments: #1 Exhibit A (Plaintiffs' Counterclaim in Harris County, TX 133rd Judicial District), #2 Exhibit B (Emails))(Lauricia, Samuel)
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Filing 186
Motion for Return of Bond filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. Related document(s) #26 , #22 . (Attachments: #1 Exhibit A (Plaintiffs' Counterclaim in Harris County, TX 133rd Judicial District))(Lauricia, Samuel)
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Filing 185
Notice of Service of Answers to Lokring's Third Request for Documents, Third Set of Interrogatories and Third Set of Requests for Admission filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 184
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to William Hillegas) (Lauricia, Samuel)
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Filing 183
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Cynthia Shepard) (Lauricia, Samuel)
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Filing 182
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to Joe Shepard) (Lauricia, Samuel)
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Filing 181
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to John D. Sayre) (Lauricia, Samuel)
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Filing 180
Notice to take Deposition of William Lennon on March 29, 2022 filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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IMPORTANT: Notice [non-document] of Status Conference set for 3/11/2022 at 02:00 PM to be held telephonically before Judge Bridget Meehan Brennan. The telephone conference will be initiated by plaintiff's counsel. After all counsel are on the line, plaintiff's counsel is to place the call to the Chambers of the Honorable Bridget Meehan Brennan at (216) 357-7200. (R,AP)
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Filing 179
Notice of Service of Subpoena filed by Brad Shepard, Shepard and Associates, Inc.. (Attachments: #1 Exhibit A - Subpoena Duces Tecum)(Sayre, John)
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Filing 178
Notice of Service of Subpoena filed by Brad Shepard, Shepard and Associates, Inc.. (Attachments: #1 Exhibit A - Subpoena Duces Tecum)(Sayre, John)
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Case reassigned to District Judge Bridget Meehan Brennan pursuant to General Order 2022-04. (R,EM)
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Filing 177
Stipulation & Order to amend the scope of the restraining order reflected in the Amended Restraining Order entered on February 11, 2022. (Doc. No. #174 .) Judge Pamela A. Barker on 2/15/2022. (P,K)
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Filing 176
Proposed Stipulation to Amend the Scope of the Amended Restraining Order Entered by the Court filed by Brad Shepard, Shepard and Associates, Inc.. Related document(s) #174 .(Sayre, John)
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Filing 175
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Subpoena Duces Tecum to Jared Guidry). (Lauricia, Samuel)
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Filing 174
Amended Order granting #173 Plaintiffs' Amended Motion for Reconsideration and/or Clarification. Plaintiffs' first-filed #172 Motion for Reconsideration and/or Clarification is denied as moot. Judge Pamela A. Barker on 2/11/2022.(P,K)
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Filing 173
Amended Motion for reconsideration and/or Motion for Clarification filed by Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc.. Related document(s) #170 . (Attachments: #1 Exhibit A - Appendices A)(Sayre, John)
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Filing 172
Motion for reconsideration and/or Motion for Clarification filed by Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc.. Related document(s) #170 . (Attachments: #1 Exhibit A - Appendices)(Sayre, John)
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Filing 171
Notice of Inventory of Trade Secret and Confidential Material Currently in Plaintiffs' Possession filed by Brad Shepard, Shepard and Associates, Inc. (Sayre, John)
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Filing 170
Memorandum Opinion and Order: For the reasons stated in this Order, Third-Party Defendant Jared Guidry's Motion to Dismiss (Doc. No. #111 ) is GRANTED. Third-Party Defendant Jared Guidry is dismissed and Guidry's Motion to Quash Subpoena (Doc. No. #90 ) is DENIED AS MOOT. Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion for Preliminary Injunction (Doc. Nos. #98 , #99 ) is GRANTED IN PART and DENIED IN PART. Judge Pamela A. Barker on 2/2/2022. (P,K)
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Filing 169
Reply in support of #162 Motion to compel Lokring to produce documents for request for production of documents no. 28 and 29 filed by Tube-Mac Industries, Inc.. (Attachments: #1 Exhibit A - Email correspondence from Lokring counsel dated Jan. 21, 2019) (Fischer, Ralph)
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Filing 168
Notice of Service of Lokring's Third Set of Requests for Admissions to Plaintiffs Shepard and Associates, Inc. and Brad Shepard filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 167
Notice of Service of Lokring's Third Requests for Production of Documents to Plaintiff Shepard and Associates, Inc. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 166
Notice of Service of Lokring's Third Set of Interrogatories to Plaintiff Shepard and Associates, Inc. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 165
Opposition to #162 Motion to compel Lokring to produce documents for request for production of documents no. 28 and 29 filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 164
Reply with memorandum in support in support of #158 Motion for order to have Request for Admission Nos. 1-11 And 14 Admitted filed by Tube-Mac Industries, Inc.. (Attachments: #1 Exhibit Ex. A. affidavit of C.Z. Pritchard, #2 Exhibit Ex. B - R. Monreal memorandum TMAC-00000452-453), #3 Exhibit Ex. C - email correspondence exchanged Jan. 6-7 of 2022, #4 Exhibit Ex. D - affidavit of B. Shepard)(Fischer, Ralph)
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Filing 163
Opposition to #158 Motion to order that request for admission numbers 1-11 and 14 are admitted, filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A - Subpoena Duces Tecum to C. Zan Pritchard). (Lauricia, Samuel)
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Filing 162
Motion to compel Lokring to produce documents for request for production of documents no. 28 and 29, with memorandum in support, filed by 3rd Pty Defendant Tube-Mac Industries, Inc. (Attachments: #1 Exhibit 1 - Dec. 21, 2021 letter, #2 Exhibit 2 - Jan. 12, 2022 letter to counsel for Lokring, #3 Exhibit 3 - Request for production served Nov. 3, 2021, #4 Exhibit 4 - Lokring responses to Request for production, #5 Exhibit 5 - Tera II, LLC v. Rice Drilling D, LLC, No. Civil Action 2:19-cv-2221, 2021 BL 331324 (S.D. Ohio Sept. 01, 2021), #6 Exhibit 6 - Briggs v. Board of Trustees Columbus State Community College, No. Civil Action 2:08-CV-644., 2009 US Dist. Lexis 92950, 2009 WL 2047899, 2009 BL 146490 (S.D. Ohio July 08, 2009). (Fischer, Ralph)
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Filing 161
Subpoena Returned Executed; served upon C. Zan Pritchard by UPS Overnight Delivery on January 6, 2022 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 160
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Subpoena Duces Tecum to C. Zan Pritchard)))(Lauricia, Samuel)
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Filing 159
Motion for extension of time until January 20, 2022 to File Response to Tube-Mac Industries, Inc.'s Motion to Compel filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. Related document(s) #158 . (Lauricia, Samuel)
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Order [non-document]granting #159 Motion for Extension of Time re #159 Motion for extension of time until January 20, 2022 to File Response to Tube-Mac Industries, Inc.'s Motion to Compel. Judge Pamela A. Barker on 12/27/2021.(S,KM)
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Filing 158
Motion to order that request for admission numbers 1-11 and 14 served on Lokring Technology, LLC are admitted, with memorandum in support filed by 3rd Pty Defendant Tube-Mac Industries, Inc. (Attachments: #1 Exhibit 1 - Dec. 6, 2021 letter sent discussing discovery deficiencies, #2 Exhibit 2 - Dec. 13, 2021 email summarizing conducted meet and confer, #3 Exhibit 3 - Requests for Admission served Nov. 3, 2021, #4 Exhibit 4 - Lokring responses to Requests for Admission served Dec. 3, 2021). (Fischer, Ralph)
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Filing 157
Proposed Findings of Fact and Conclusions of Law filed by Shepard and Associates, Inc.. Related document(s) #127 . (Sayre, John)
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Filing 156
Proposed Findings of Fact and Conclusions of Law filed by Jared Guidry. (Winchester, Brian)
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Filing 155
Proposed Findings of Fact and Conclusions of Law filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 154
Notice of Service of Defendant/Counterclaimant/Third-Party Plaintiff Lokring Technology, LLC's Objections and Responses to Tube-Mac Industries, Inc.'s Second Set of Interrogatories and Second Request for Production of Documents filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 153
Memorandum Opinion and Order: For the reasons stated in this Order, Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion (Doc. No. #140 ) is DENIED and Third-Party Defendant Jared Guidry's Motion (Doc. No. #141 ) is DENIED AS MOOT. Judge Pamela A. Barker on 12/7/2021. (P,K)
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Filing 152
Transcript [Volume 1, Pages 1-208] of a hearing on a Motion for Temporary Restraining Order and Preliminary Injunctive Relief held on 10/14/2021 before Judge Pamela A. Barker. To obtain a copy of this transcript, please contact court reporter Lance A. Boardman at Lance_Boardman@ohnd.uscourts.gov. [208 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2021. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. Related document(s) #136 . (B,LA)
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Filing 151
Transcript of TRO held on October 29, 2021 before Judge Pamela A. Barker. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. or 216-357-7106. [(Vol. 6 - Pp. 840-1010) 171 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2021. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. Related document(s) #137 . (P,Sh)
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Filing 150
Transcript of TRO held on October 28, 2021 before Judge Pamela A. Barker. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at shirle_perkins@ohnd.uscourts.gov. [( Vol. 5 - 613-839) 227 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2021. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. Related document(s) #137 . (P,Sh)
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Filing 149
Transcript of TRO held on October 20, 2021 before Judge Pamela A. Barker. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at shirle_perkins@ohnd.uscourts.gov or 216-357-7106. [(Vol. 4 - 458-612) 155 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2021. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. Related document(s) #137 . (P,Sh)
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Filing 148
Transcript of TRO held on October 19, 2021 before Judge Pamela A. Barker. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at shirle_perkins@ohnd.uscourts.gov or 216-357-7106. [(Vol. 3 - 333-457) 125 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2021. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. Related document(s) #137 . (P,Sh)
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Filing 147
Transcript of TRO held on October 18, 2021 before Judge Pamela A. Barker. To obtain a bound copy of this transcript please contact court reporter Shirle Perkins at shirle_perkins@ohnd.uscourts.gov or 216-357-7106. [(Vol. 2 - Pp. 209-332) 124 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Parties requesting that privacy information be redacted must file a notice of intent to redact with the court by 12/13/2021. Redaction Request due 12/27/2021. Redacted Transcript Deadline set for 1/6/2022. Release of Transcript Restriction set for 3/7/2022. Related document(s) #137 . (P,Sh)
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Filing 146
Notice of Submission of Discovery Responses to third set of requests for admission and Second Set of Interrogatories to Plaintiffs, filed by All Plaintiffs. Related document(s) #132 . (Sayre, John)
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Filing 145
Notice of Service of Defendant/Third Party Plaintiff Lokring Technology, LLC's Objections and Responses to Tube-Mac Industries, Inc.'s First Set of Requests for Admission filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 144
Opposition to #140 Motion to Take Judicial Notice filed by Tube-Mac Industries, Inc.. (Fischer, Ralph)
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Filing 143
Objection to Judicial Notice filed by All Plaintiffs. Related document(s) #140 . (Sayre, John)
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Filing 142
Reply in support of #111 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed by Jared Guidry. (Attachments: #1 Exhibit SSS)(Winchester, Brian)
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Filing 141
Third Party Motion to strike Third-Party Plaintiff's Motion to Take Judicial Notice filed by 3rd Pty Defendant Jared Guidry. (Winchester, Brian)
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Filing 140
Motion to Take Judicial Notice filed by 3rd Party Plaintiff Lokring Technology, LLC. (Attachments: #1 Exhibit Original Petition for Divorce)(Lauricia, Samuel)
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Filing 139
Opposition to #111 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 138
Motion to continue Status Conference on December 1, 2021 filed by Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Order [non-document] The Court grants the Motion to Continue the Status Conference (Doc. No. #138 ). The telephonic Status Conference scheduled for December 1, 2021 is cancelled. The Court takes note of the parties' proposed dates for a Status Conference, however, the Court declines to schedule a Status Conference at this juncture and will reset the Status Conference date after the Court rules on the pending Motion for Preliminary Injunction. Judge Pamela A. Barker on 11/23/2021. (P,K)
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Filing 137
Non-Appeal Transcript Order Form for proceedings held on October 18, 19, 20 and October 28 and 29, 2021 before Judge Barker, Court Reporter: Shirle Perkins. Requested completion date: December 6, 2021 filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 136
Non-Appeal Transcript Order Form for proceedings held on October 14, 2021 before Judge Barker, Court Reporter: Lance Boardman. Requested completion date: December 1, 2021 filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 135
Notice of Service of Lokring Technology, LLC's Responses and Objections to Plaintiffs' Fourth Request for Production of Documents filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 134
Unopposed Motion for extension of time until November 26, 2021 to file response/reply to #111 Motion to dismiss for lack of jurisdiction Motion to dismiss for failure to state a claim filed Defendant/3rd Party Plaintiff Lokring Technology, LLC. Related document(s) #111 . (Lauricia, Samuel)
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Order [non-document] Granting #134 Unopposed Motion for extension of time until November 26, 2021 to file response/reply to #111 Motion to dismiss for lack of jurisdiction and Motion to dismiss for failure to state a claim. Judge Pamela A. Barker on 11/12/2021. (R,AP)
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Filing 133
Subpoena Returned Executed; served upon Batia Infotech, Inc. by UPS Overnight Delivery on November 5, 2021 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 132
Notice of Service of Lokring's Third Set of Requests for Admissions and Second Set of Interrogatories to Plaintiffs filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 131
Notice of Service of Lokring's First Set of Requests for Production of Documents to Defendant Tube-Mac Industries, Inc. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 130
Defendant's Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Subpoena Duces Tecum to Batia Infotech, Inc.))(Lucas, Walter)
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Filing 129
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A -Subpoena Duces Tecum to Wix.com, Inc.) (Lucas, Walter)
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Filing 128
Subpoena Returned Executed; served upon Wix.com, Inc. by UPS Overnight Delivery on 11/02/2021 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 127
Minutes of proceedings before Judge Pamela A. Barker. Motion Hearing held and concluded on 10/29/2021. (Court Reporter: Shirle Perkins.)Time: 3 hours, 53 minutes. Related documents #98 and #99 . (P,K)
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Order [non-document] granting in part and denying in part Defendant/Third-Party Plaintiff Lokring Technology's Combined Motion in Limine and for Protective Order to Exclude the Testimony of Attorney Samuel J. Lauricia and Motion in Limine to Exclude Testimony of Steve Burke (Doc. No. #123 ). The Court GRANTS the Motion for Protective Order to Exclude the Testimony of Attorney Lauricia and DENIES the Motion in Limine to Exclude Testimony of Steve Burke, for the reasons stated on the record. Judge Pamela A. Barker on 10/28/2021.(P,K)
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Filing 126
Minutes of proceedings before Judge Pamela A. Barker. Motion Hearing held on 10/28/2021 and adjourned until 10/29/2021 at 08:00 AM in Courtroom 16A before Judge Pamela A. Barker. (Court Reporter: Shirle Perkins.)Time: 5 hours, 47 minutes.Related documens #98 , #99 . (P,K)
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Filing 125
Response to #123 Motion in limine and Motion for Protective Order to Exclude the Testimony of Attorney Samuel J. Lauricia and to Exclude Testimony of Steve Burke filed by Jared Guidry. (Winchester, Brian)
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Filing 124
Opposition to #123 Motion in limine and Motion for Protective Order to Exclude the Testimony of Attorney Samuel J. Lauricia and to Exclude Testimony of Steve Burke filed by All Plaintiffs. (Sayre, John)
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Filing 123
Motion in limine and Motion for Protective Order to Exclude the Testimony of Attorney Samuel J. Lauricia and to Exclude Testimony of Steve Burke, filed by Defendant Lokring Technology. Related document(s) #121 , #122 . (Attachments: #1 Exhibit A - Mathew Fekete TRO, #2 Exhibit B - S. Burke Signed Settlement Agreement, #3 Exhibit C - Lokring Southeast Signed Settlement Agreement and Release, #4 Exhibit D - Brad Shepard 2015 ENDA, #5 Exhibit E - Jared Guidry Signed Offer Letter, #6 Exhibit F - Shepard Signed 2016 NDA, #7 Exhibit G - B. Winchester June 3, 2021 Letter, #8 Exhibit H - Subpoena Duces Tecum to Steve Burke. (Lucas, Walter). AddedMotion for protective order on 11/18/2021 (L,MI).
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Filing 122
Joinder in Notice to Call Attorney as Witness, filed by All Plaintiffs. Related document(s) #121 . (Sayre, John)
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Filing 121
Notice of Intent to Call Attorney As Witness, filed by Jared Guidry. (Attachments: #1 Exhibit 1 - E-mail). (Winchester, Brian)
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Order [non-document] The Court is in receipt of Third-Party Defendant Jared Guidry's Notice of Intent to Call Attorney as Witness (Doc. No. #121 ). Any response from Defendant/Third-Party Plaintiff Lokring Technology shall be filed by 12:00 pm on October 26, 2021. Judge Pamela A. Barker on 10/21/2021. (P,K)
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Filing 120
Minutes of proceedings before Judge Pamela A. Barker. Preliminary Injunction Hearing held on 10/20/2021 regarding Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion for TRO and Preliminary Injunctive Relief (Doc. Nos. #98 & #99 ) and continued to 10/28/2021 at 09:00 AM in Courtroom 16A before Judge Pamela A. Barker. (Court Reporter: Shirle Perkins.)Time: 3 hours, 55 minutes. (P,K)
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Order [non-document] denying #105 Plaintiffs Shepard and Associates, Inc. and Brad Shepard's Motion in Limine to Exclude Affidavits for the reasons stated in the record. Judge Pamela A. Barker on 10/21/2021.(P,K)
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Filing 119
Minutes of proceedings before Judge Pamela A. Barker. Preliminary Injunction Hearing held on 10/19/2021 regarding Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion for TRO and Preliminary Injunctive Relief (Doc. Nos. #98 & #99 ) conducted and continued to 10/20/2021 at 8:30 AM to be held in Courtroom 16A before Judge Pamela A. Barker. (Court Reporter: Shirle Perkins.)Time: 2 hours, 53 minutes. (P,K)
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Filing 118
Minutes of proceedings before Judge Pamela A. Barker. Preliminary Injunction Hearing held on 10/18/2021 regarding Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion for TRO and Preliminary Injunctive Relief (Doc. Nos. #98 & #99 ) conducted and continued to 10/19/2021 at 10:30 AM to be held in Courtroom 16A before Judge Pamela A. Barker. (Court Reporter: Shirle Perkins.)Time: 3 hours. (P,K)
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Filing 116
Motion for leave to Permit Testimony of Witness at the Continued Preliminary Injunction Hearing Via Video Conference or Telephone filed by Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 115
Supplemental Brief on Personal Jurisdiction Over Jared Guidry, filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Order [non-document] granting #116 Plaintiffs' Motion for Leave to Permit Testimony of Witness Steve Burke at the continued Preliminary Injunction Hearing via Video Conference. Judge Pamela A. Barker on 10/18/2021.(P,K)
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Filing 114
Unopposed Motion requesting leave to attend the continued preliminary injunction hearing via video or telephone, filed by 3rd Pty Defendant Tube-Mac Industries, Inc. Related document(s) #101 . (Fischer, Ralph)
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Order [non-document] granting #114 Third-Party Defendant Tube-Mac Industries, Inc.'s Unopposed Motion Requesting Leave to Attend the Continued Preliminary Injunction Hearing via Video or Telephone Conference. The Court will provide counsel, via email, instructions for accessing the courtroom via Zoom. Judge Pamela A. Barker on 10/15/2021.(P,K)
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Filing 117
Minutes of proceedings before Judge Pamela A. Barker. Preliminary Injunction Hearing held on 10/14/2021 regarding Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion for TRO and Preliminary Injunctive Relief (Doc. Nos. #98 & #99 ). Preliminary Injunction Hearing adjourned until 10/18/2021 at 11:00 AM to be held in Courtroom 16A before Judge Pamela A. Barker. (Court Reporter: Lance A. Boardman.Time: 5 hours, 5 minutes. (P,K)
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Filing 113
Motion for leave to File Instanter Previously Filed Exhibits Doc. 99-1, 99-2, and 99-3 With Limited Redactions, filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. (Attachments: #1 Redacted Affidavit of William Lennon, #2 Redacted Affidavit of Samuel Lauricia, #3 Redacted Affidavit of Zach Maywald). (Lauricia, Samuel)
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Filing 112
Notice of Filing of Deposition Transcript of James Domingo filed by Brad Shepard, Shepard and Associates, Inc. (Attachments: #1 Deposition of James Domingo). Related document(s) #108 . (Sayre, John)
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Filing 111
Motion to dismiss for lack of jurisdiction , Motion to dismiss for failure to state a claim, with memorandum in support, filed by 3rd Pty Defendant Jared Guidry. (Attachments: #1 Exhibit A -Affidavit of Jared Guidry). (Schmitt, Chadwick)
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Order [non-document] granting #113 Defendant's Motion for Leave to file instanter previously filed Exhibits previously filed as Doc. 99-1, Doc. 99-2, and Doc 99-3, with limited redactions. Judge Pamela A. Barker on 10/13/2021.(P,K)
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Filing 110
Reply in support of #98 SEALED Motion for Temporary Restraining Order and Preliminary and Permanent Injunctive Relief, #99 Redacted Motion for temporary restraining order and preliminary and permanent injunctive relief filed by Lokring Technology, LLC. (Attachments: #1 Exhibit Certificate of Authenticity Pursuant to Fed. R. Evid. 902(11) and 902(13))(Lauricia, Samuel)
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Financial Transaction in the amount of $25,000.00 received from Weston Hurd. Receipt #14660134495 Related document(s) #103 . (M,MT)
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Order [non-document] granting #109 Defendant/Counter-Claimant/Third Party Plaintiff's Motion for witnesses, Zach Maywald and Sean O'Brien, to testify via video conference at the upcoming Preliminary Injunction Hearing set for October 14, 2021 at 10:00 a.m. Counsel for Lokring will attend in person. The Court will provide counsel, via email, instructions for accessing the Zoom video conference. Judge Pamela A. Barker on 10/12/2021. (P,K)
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Filing 109
Motion fact witnesses Zach Maywald and Sean O'Brien to Testify at Preliminary Injunction Hearing by Videoconference filed by Defendant Lokring Technology, LLC, 3rd Party Plaintiff Lokring Technology, LLC. (Miklowski, Joshua)
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Filing 108
Opposition to #99 Redacted Motion for temporary restraining order and preliminary and permanent injunctive relief filed by Brad Shepard, Shepard and Associates, Inc. (Attachments: #1 Exhibit A - Affidavit of Bobby Shepard, #2 Exhibit B - Affidavit of Brad Shepard). (Sayre, John)
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Filing 107
Opposition to #99 Redacted Motion for temporary restraining order and preliminary and permanent injunctive relief filed by Jared Guidry. (Winchester, Brian)
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Filing 106
Reply in support of #71 Motion to dismiss for failure to state a claim pursuant to FRCP 12(b)(6) filed by Tube-Mac Industries, Inc. (Attachments: #1 Exhibit A - Declaration of R. Mackay, #2 Exhibit B - Declaration of M. Shook, #3 Exhibit C - Lokring Pipe Solutions Document). (Fischer, Ralph)
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Filing 105
Motion in limine To Exclude Affidavits of William Lennon, Michael Fadalla, Zach Maywald and Samuel Lauricia, with memorandum in support filed by Brad Shepard, Shepard and Associates, Inc., (Attachments: #1 Case Law). (Sayre, John)
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Order [non-document]: In light of the fact that Lokring redacted portions of its Motion for TRO and filed the entirety of all the exhibits thereto under seal (Doc. Nos. #98 , #99 ), the Court, out of an abundance of caution, issued its October 4, 2021 Memorandum Opinion & Order (Doc. No. #103 ) regarding Lokring's Motion under seal. Counsel for Lokring shall be prepared, however, to discuss the propriety of its redactions and sealed filings at the upcoming preliminary injunction hearing on October 14, 2021. At that time, the Court will reevaluate whether its October 4, 2021 Memorandum Opinion & Order should remain under seal. Judge Pamela A. Barker on 10/5/2021. (P,K)
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Filing 104
Waiver of Service Returned Executed by Jared Guidry. Jared Guidry waiver sent on 8/23/2021, answer due 10/22/2021 filed on behalf of Jared Guidry (Winchester, Brian)
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Filing 103
Memorandum Opinion and Order: For the reasons stated in this Order, Defendant/Third-Party Plaintiff Lokring Technology, LLC's Motion for Temporary Restraining Order (Doc. Nos. #98 , #99 ) is GRANTED IN PART and DENIED IN PART. Filed Under Seal. Judge Pamela A. Barker on 10/4/2021. (P,K)
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Filing 102
Response to #90 Motion to quash subpoena filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 101
IMPORTANT: Notice [non-document] of TRO Hearing set for 10/14/2021 at 10:00 AM in Courtroom 16A before Judge Pamela A. Barker. (P,K) Modified on 9/30/2021 to reflect hearing type and remove document (P,K).
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Minutes of proceedings [non-document] before Judge Pamela A. Barker. The Court conducted a telephonic status conference regarding Defendant/Third-Party Plaintiff Lokring Technology's Motion for TRO (Doc. Nos. #98 & #99 .) Participating on behalf of Plaintiff Shepard and Associates, Inc. and Brad Shepard was attorney John Sayre. Participating on behalf of Defendant/Third-Party Plaintiff Lokring Technology were attorneys Walter A. Scott Lucas, Samuel Lauricia, and Joshua Miklowski. Participating on behalf of Third-Party Defendant Jared Guidry was attorney Brian Winchester. Participating on behalf of Third-Party Defendant Tube-Mac Industries, Inc. was attorney Ralph Fischer (although as Attorney Fischer confirmed during the call, his client Defendant Tube-Mac Industries, Inc. is not a subject of the TRO). Counsel for Third-Party Defendant Guidry indicated that his client has executed a waiver of service, intends to file a Motion to Dismiss based upon a lack of personal jurisdiction, and is of the opinion that this Court does not have personal jurisdiction over Third-Party Defendant Guidry. The Court indicated that based upon its review of the pleadings and limited evidence presently before the Court, and the law, it believes at this point that it does have personal jurisdiction over Third-Party Defendant Guidry, and counsel for Third-Party Defendant Guidry indicated that he would address this issue in a written brief to be filed in anticipation of the hearing on the TRO, and during the hearing. Counsel for the various parties discussed their positions on the timing of Defendant/Third-Party Plaintiff Lokring's filing of this TRO as well as the merits and potential scope of the TRO. The Court advised counsel for the parties that the Court is inclined to grant Defendant/Third-Party Plaintiff Lokring's Motion for TRO in part, based upon its preliminary conclusion that certain documents identified by the Court during the call are Lokring's trade secrets, and the evidence currently before the Court demonstrates, and Plaintiffs counsel did not dispute, that Plaintiff Brad Shepard is a party to a Non-Disclosure Agreement. The Court advised counsel for both Plaintiffs and Third-Party Defendant Guidry that they are free to file written briefs in anticipation of the hearing on the TRO. The Court indicated that it will issue an opinion forthwith. The Court also scheduled what will be limited to a one-day hearing on the TRO for October 14, 2021 at 10:00 am EST in Courtroom 16A. (Court Reporter: Heather Newman.)Time: 35. (P,K)
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Order [non-document] A telephonic status conference with counsel will be conducted on 9/30/2021 at 8:30 a.m. EST to discuss Defendant/Third-Party Plaintiff Lokring Technology's Motion for Temporary Restraining Order. Dial-in information shall be provided via separate email. Judge Pamela A. Barker on 9/29/2021. (P,K)
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Filing 100
Opposition to #71 Motion to dismiss for failure to state a claim pursuant to FRCP 12(b)(6), filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 99
Redacted Motion for temporary restraining order and preliminary and permanent injunctive relief, with memorandum in support, filed by Lokring Technology, LLC. Related document(s) #87 , #97 . (Attachments: #1 Lennon Affidavit - Filed Under Seal, #2 Lauricia Affidavit - Filed Under Seal, #3 Maywald Affidavit - Filed Under Seal, #4 Fadalla Affidavit). (Lauricia, Samuel)
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Filing 98
SEALED Motion for Temporary Restraining Order and Preliminary and Permanent Injunctive Relief, #87 , #97 filed by Lokring Technology, LLC. Related document(s) #87 , #97 . (Attachments: #1 Lennon Affidavit, #2 Lauricia Affidavit, #3 Maywald Affidavit, #4 Fadalla Affidavit. (Lauricia, Samuel)
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Filing 97
Marginal Entry Order granting Defendant/Counterclaimant/Third-Party Plaintiff, Lokring Technology, LLC's Motion for Leave to File Confidential Materials Under Seal. (Related Doc #96 .) Judge Pamela A. Barker on 9/28/2021.(P,K)
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Filing 96
Motion for leave to file confidential materials under seal, filed by Lokring Technology, LLC, (Lauricia, Samuel)
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Filing 95
Motion for leave to exceed page limitations for its Memorandum in Support of Its Forthcoming Motion for Injunctive Relief filed by 3rd Party Plaintiff Lokring Technology, LLC. (Miklowski, Joshua)
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Filing 94
Attorney Appearance by Joshua M. Miklowski filed by on behalf of Lokring Technology, LLC. (Miklowski, Joshua)
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Filing 93
Memorandum of Opinion and Order: Plaintiffs' #76 Motion to Join a Required Party is Denied. Judge Pamela A. Barker on 9/23/2021. (H,SP)
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Order [non-document] denying #95 Defendant/Third-Party Plaintiff's Motion to Exceed Page Limitations for Its Memorandum in Support of Its Forthcoming Motion for Injunctive Relief. Judge Pamela A. Barker on 9/23/2021. (P,K)
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Filing 92
Notice of Service of 4th Request for Production of Documents filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 91
Motion for leave to exceed page limitations filed by 3rd Party Plaintiff Lokring Technology, LLC. (Lucas, Walter)
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Order [non-document] The Court GRANTS IN PART and DENIES IN PART Third-Party Plaintiff Lokring Technology, LLC's Motion for Leave to Exceed Page Limitations (Doc. No. #91 ). Third-Party Plaintiff Lokring Technology's Opposition to Third-Party Defendant Tube-Mac Industries' Motion to Dismiss is not to exceed 25 pages in length. Judge Pamela A. Barker on 9/22/2021.(P,K)
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Filing 90
Objection to Subpoena and Motion to Quash Subpoena, filed by Jared Guidry. (Related document(s) #89 ). (Attachments: #1 Exhibit A - Email dated 9/14/2021) (Winchester, Brian). Modified on 9/20/2021 to correct event (H,SP).
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Filing 89
Subpoena Returned Executed; served upon Jared Guidry by Process Server/Hand Delivery on September 16, 2021, filed on behalf of Lokring Technology, LLC (Attachments: #1 Exhibit A - Subpoena to Jared Guidry). (Lauricia, Samuel)
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Filing 88
Notice of Issuance of Subpoena filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Subpoena to Jared Guidry))(Lucas, Walter)
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Filing 87
Protective Order regarding confidential documents. Motion terminated: (Doc. No. #86 .) Motion for protective order filed by Lokring Technology, LLC. Judge Pamela A. Barker on 9/14/2021. (P,K)
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Filing 86
Motion for protective order, filed by Defendant, 3rd Party Plaintiff Lokring Technology, LLC. (Attachments: #1 Exhibit A - Proposed Protective Order. (Lucas, Walter) .
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Filing 85
Order IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Status Conference set for 12/1/2021 at 02:30 PM to be held telephonically. The Court will provide counsel, via email, instructions for accessing the conference call. Judge Pamela A. Barker on 9/1/2021. (P,K)
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Filing 84
Opposition to #83 Motion for extension of time until September 28, 2021 to file response to #71 Motion to dismiss for failure to state a claim pursuant to FRCP 12(b)(6), filed by Tube-Mac Industries, Inc. (Attachments: #1 Exhibit 1 - request for extension of time email correspondence, #2 Exhibit 2 - Lokring March 5, 2021 letter, #3 Exhibit 3 - Tube-Mac March 19, 2021 letter). (Fischer, Ralph)
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Filing 83
Motion for extension of time until September 28, 2021 to file response to #71 Motion to dismiss for failure to state a claim pursuant to FRCP 12(b)(6), filed by 3rd Party Plaintiff Lokring Technology, LLC. (Related document(s) #71 ) (Lucas, Walter)
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Minutes of proceedings [non-document] before Judge Pamela A. Barker. Telephonic status conference held. Participating on behalf of Plaintiff Shepard and Associates was Attorney John D. Sayre; participating on behalf of Defendant/Third-Party Plaintiff Lokring Technology were Attorneys Samuel J. Lauricia, III and Attorney Walter A. Scott Lucas; participating on behalf of Third-Party Defendant Tube-Mac Industries was Attorney Ralph G. Fischer; and participating on behalf of Third-Party Defendant Jared Guidry was Attorney Chadwick A. Schmitt. The parties discussed whether this case would be more suitably assigned to the Complex track. The Court declines to change the case's track designation at this juncture, but the Court will re-evaluate this issue in the future as the case progresses. The parties discussed the need to provide suitable notice when serving subpoenas and all parties expressed their agreement that the provisions of Rule 45 must be followed when serving subpoenas. The parties indicated that they were in consultation with one another regarding a proposed protective order in this case. The Court orders the parties to file any proposed stipulated protective order and/or any objections thereto on the docket by September 10, 2021. Further, the parties indicated that they were in discussion with one another regarding an ESI Protocol. The Court instructed the parties to meet and confer regarding the ESI Protocol. The parties discussed the extension of discovery deadlines in the case. The Court extended each of the discovery deadlines by 120 days. Fact Discovery is extended until April 1, 2022; Expert Discovery is extended until August 1, 2022, with expert reports due to be exchanged by May 15, 2022 and responsive expert reports due by July 1, 2022; Dispositive Motions shall be filed on or before September 6, 2022. The Court GRANTS Defendant/Third-Party Plaintiff Lokring Technology's Motion for an Extension of Time pending at Doc. No. #83 . Accordingly, Defendant Lokring Technology's Opposition to Third-Party Defendant Tube-Mac Industries Motion to Dismiss is due to be filed by September 28, 2021, and any Reply from Tube-Mac Industries would be due 14 days from the date that Lokring's Opposition is filed. Lastly, the Court scheduled a telephonic status conference with lead counsel for December 1, 2021 at 2:30 pm. The parties should use the same dial-in information for that status conference. Separate Status Conference Order to issue. (Court Reporter: None.) Time: 36 minutes. (P,K)
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Order [non-document]granting #83 Third-Party Plaintiff's Motion for Extension of Time until September 28, 2021 to file response to #71 Third-Party Defendant's Motion to Dismiss for failure to state a claim pursuant to FRCP 12(b)(6). Judge Pamela A. Barker on 9/1/2021.(P,K)
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Filing 82
Reply brief to Opposition #81 to Motion to join a required party, filed by Shepard and Associates, Inc. (Related document(s) #76 ). (Attachments: #1 Exhibit A - Alba corporate filing, #2 Exhibit B - Shepard affidavit with exhibits, #3 Exhibit C - email correspondence) (Sayre, John)
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IMPORTANT: [non-document] The parties are advised that the Status Conference scheduled for September 1, 2021 at 1:30 pm will now be held via telephone for all parties and not in-person. The Court will provide counsel, via email, instructions for accessing the conference call. (P,K)
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Filing 81
Opposition to #76 Motion for join a required party filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Order [non-document] granting 3rd Pty Defendant's Unopposed Motion for leave to attend Sept. 1, 2021 status conference via video or telephone conference (Related Doc #80 ). Judge Pamela A. Barker on 8/26/21.(W,CM)
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Filing 80
Unopposed Motion for leave to attend Sept. 1, 2021 status conference via video or telephone conference, filed by 3rd Pty Defendant Tube-Mac Industries, Inc. (Fischer, Ralph)
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Filing 79
Notice of Withdrawal of Return of Service filed by Lokring Technology, LLC. Related document(s) #68 . (Lauricia, Samuel)
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Order [non-document]. The Court grants 3rd-Party Plaintiff Lokring Technology leave to withdraw the return of service at Doc. No. #68 and denies 3rd-Party Defendant Jared Guidry's Motion to Quash (Doc. No. #74 ) as MOOT. Judge Pamela A. Barker on 8/24/2021.(W,CM)
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Filing 78
Response to #74 Motion to quash filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 77
Subpoena Returned Executed; served upon Meador Staffing Services, Inc. by Process Server/Hand Delivery on August 19, 2021 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 76
Motion to join a required party, with memorandum in support filed by Shepard and Associates, Inc., Brad Shepard. (Related document(s) #73 ). (Attachments: #1 Exhibit Texas Complaint) (Sayre, John).
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Filing 75
Notice of Service of Defendant's Responses and Objections to Plaintiffs' Second Set of Requests for Production of Documents filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Order [non-document] The Court takes notice of the Motion to Quash, filed by Third-Party Defendant Jared Guidry (Doc. No. #74 ). Defendant/Third-Party Plaintiff Lokring Technology is ordered to file any response to the Motion to Quash within 7 days of the date of this Order. Judge Pamela A. Barker on 8/17/2021. (W,CM)
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Filing 74
Motion to quash with memorandum in support filed by 3rd Party Defendant Jared Guidry. (Attachments: #1 Exhibit A - Affidavit of Jared Guidry, #2 Proposed Order) (Schmitt, Chadwick)
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Filing 73
Motion for pre-trial conference filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Order [non-document] The Court takes notice of Plaintiff's Motion for Conference/Hearing (Doc. No. #73 ). The parties will note that a Status Conference is already scheduled for 9/1/2021 at 1:30 pm in Chambers 16A. The Court will address the case schedule and other matters at the Status Conference. Judge Pamela A. Barker on 8/13/2021. (W,CM)
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Filing 72
Corporate Disclosure Statement filed by Tube-Mac Industries, Inc.. (Fischer, Ralph)
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Filing 71
Motion to dismiss for failure to state a claim pursuant to FRCP 12(b)(6), with memorandum in support filed by 3rd Pty Defendant Tube-Mac Industries, Inc.. (Related document(s) #61 ). (Attachments: #1 Exhibit A - Source Assocs. v. Mitsui Chems. Am. opinion, #2 Exhibit B - Duro Corp. v. Canadian Stds. Ass'n opinion, #3 Exhibit C - MJ McPherson Servs. v. Sports Images opinion, #4 Exhibit D - Advance Wire Forming v. Stein opinion, #5 Exhibit E - MPW Indus. Servs. v. Pollution Control opinion, #6 Exhibit F - Email correspondence referenced in Complaint) (Fischer, Ralph)
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Filing 70
Notice of Service of Defendant Lokring Technology, LLC's Answers to Plaintiffs' Second Set of Requests for Admission filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 69
Subpoena Returned Executed; served upon Microsoft Corporation Online Services, Custodian of Records by Certified Mail, Return Receipt Requested on July 23, 2021 filed on behalf of Lokring Technology, LLC (Lauricia, Samuel)
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Filing 68
WITHDRAWN. SEE NON-DOC ORDER DATED 8/24/2021. Return of Service by UPS Overnight Delivery executed upon Jared Guidry on 7/26/2021, filed on behalf of Lokring Technology, LLC Related document(s) #61 . (Lauricia, Samuel) Modified on 8/24/2021 (W,CM).
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Filing 67
Notice of Service of 3rd Request for Production of Documents filed by All Plaintiffs. Related document(s) #34 .(Sayre, John)
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Filing 66
Third Party Summons issued to counsel for service upon Jared Guidry, Tube-Mac Industries, Inc.. (W,CM)
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Filing 65
Supplement to Third party complaint,, Amended counterclaim, - Summons on a Third-Party Complaint, filed by Lokring Technology, LLC. Related document(s) #61 . (Lauricia, Samuel)
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Filing 64
Supplement to Third party complaint,, Amended counterclaim, - Summons on a Third-Party Complaint, filed by Lokring Technology, LLC. Related document(s) #61 . (Lauricia, Samuel)
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Filing 63
Notice of Second Request for Production of Documents filed by All Plaintiffs. Related document(s) #34 .(Sayre, John)
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Filing 62
Joint Answer to counterclaim filed by Shepard and Associates, Inc., Brad Shepard. Related document(s) #61 . (Sayre, John)
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Filing 61
Third party complaint against Jared Guidry, Tube-Mac Industries, Inc., Amended Counterclaim against Shepard and Associates, Inc., Brad Shepard. Filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Brad Shepard 2015 ENDA), #2 Summons (Summons to Jared Guidry), #3 Summons (Summons to Tube-Mac Industries, Inc.)) (Lauricia, Samuel)
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Filing 60
Subpoena Returned Executed; served upon Bay Area Computer and Networking Solutions, c/o Rod Harmon by Certified Mail, Return Receipt Requested on June 29, 2021 filed on behalf of Lokring Technology, LLC (Taylor, Randy)
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Filing 59
Reply in support of #54 Motion to dismiss Plaintiffs' Second Amended Complaint filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 58
Notice of Service of second set of requests for admission filed by All Plaintiffs. Related document(s) #34 . (Sayre, John)
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Filing 57
Notice of Service of Notice of Submission of Discovery Responses filed by All Plaintiffs. Related document(s) #51 , #52 , #53 .(Sayre, John)
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Filing 56
Notice of Service of Answers and Objections to Plaintiffs' First Set of Requests for Production of Documents filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 55
Opposition to #54 Motion to dismiss Plaintiffs' Second Amended Complaint filed by All Plaintiffs. (Sayre, John)
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Filing 54
Motion to dismiss Plaintiffs' Second Amended Complaint, with memorandum in support filed by Defendant Lokring Technology, LLC. (Related document(s) #41 ). (Attachments: #1 Exhibit 1 - Distributor Agreement, #2 Exhibit 2 - Transaction Documents, #3 Exhibit 3 - Plaintiffs' Responses to Lokring's First Set of Requests for Admissions) (Lauricia, Samuel)
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Filing 53
Notice of Service of Lokring's Combined Second Set of Requests for Admissions and Requests for Production of Documents to Plaintiffs filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 52
Notice of Service of Lokring's First Set of Interrogatories to Plaintiff Shepard and Associates, Inc. filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 51
Notice of Service of Lokring's First Set of Interrogatories to Plaintiff Brad Shepard filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 50
Order of Disbursement of funds from the Court Registry in the amount of $40,030.30 re #49 . Judge Pamela A. Barker on 6/9/2021. (P,K)
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Filing 49
Motion to Release and Return Bond filed by Defendant Lokring Technology, LLC. Related document(s) #46 . (Lauricia, Samuel)
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Remark by Finance. Funds in the amount of $40,030.30 disbursed on 06/09/2021. (K,Ve)
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Filing 48
Subpoena Returned Executed; served upon Dow Chemical Company by Certified Mail, Return Receipt Requested on 5/24/2021 filed on behalf of Lokring Technology, LLC (Taylor, Randy)
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Order [non-document] Defendant's Motion for 90-Day Extension of the Deadline to Add Parties (Doc. No. #40 ) is granted in part, as follows. The deadline to add new parties is extended by 45 days up to and including July 16, 2021. Judge Pamela A. Barker on 6/7/2021.(P,K)
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Filing 46
Proposed Order of Disbursement filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 45
Memorandum Opinion and Order: For the reasons stated in this Order and Plaintiffs' opposition to Lokring's Motion, the Court declines to either quash the subpoenas or issue a protective order. Lokring's Motion (Doc. No. #42 ) is DENIED. Judge Pamela A. Barker on 6/3/2021. (P,K)
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Filing 44
Opposition to #42 Motion to quash Deposition Subpoenas and TPO, filed by All Plaintiffs. (Attachments: #1 Exhibit A - Notice of deposition, #2 Exhibit B - Email response to notice). (Sayre, John)
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Filing 43
Response to #40 Motion for 90-day extension of the deadline to add parties until August 30, 2021 filed by All Plaintiffs. (Sayre, John)
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Filing 42
Motion to quash Deposition Subpoenas and TPO filed by Defendant Lokring Technology, LLC. (Attachments: #1 Exhibit 06-02-21 Email Exchanges, #2 Exhibit Deposition Subpoena-James Domingo, #3 Exhibit Deposition Subpoena-Richard Monreal)(Taylor, Randy)
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Order [non-document] Defendant's Motion for 90-Day Extension of the Deadline to Add Parties (Defendant's Motion) (Doc. No. #40 ) does not indicate that it is unopposed. If Plaintiffs intend to file any response to Defendant's Motion, they must do so by June 7, 2021. Judge Pamela A. Barker on 6/2/2021. (P,K)
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Filing 41
Second Amended complaint for breach of contract, breach of fiduciary duty, breach of covenant of good faith and fair dealing, unjust enrichment, and promissory estoppel against All Defendants. Filed by Brad Shepard. (Attachments: #1 Exhibit A - Stock purchase agreement, #2 Exhibit B - consulting agreement, #3 Exhibit C - Stock redemption, #4 Exhibit D - Distributorship agreement, #5 Exhibit E - Text message, #6 Exhibit F - Termination letter). (Sayre, John)
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Filing 40
Motion for 90-day extension of the deadline to add parties until August 30, 2021, filed by Defendant Lokring Technology, LLC. (Lauricia, Samuel)
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Filing 39
Memorandum Opinion and Order: For the reasons set forth in this Order, Plaintiffs' Motion to Strike (Doc. No. #19 ) is DENIED. Judge Pamela A. Barker on 5/24/2021. (P,K)
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Filing 38
Notice of service of deposition, filed by All Plaintiffs. (Sayre, John)
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Filing 37
Notice of Service of Discovery Requests filed by Shepard and Associates, Inc.. (Sayre, John)
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Filing 36
Notice of Submission of Discovery Responses filed by Shepard and Associates, Inc.. Related document(s) #35 , #29 .(Sayre, John)
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Order [non-document] A telephonic status conference was held on 4/1/2021 re #18 Defendant's Emergency Motion for temporary restraining order, Motion for Preliminary Injunction, and Motion for Sanctions filed by Defendant Lokring Technology, LLC. and the parties placed an agreement on the record relative to the motion. Motion is deemed moot. Judge Pamela A. Barker on 4/30/2021.(P,K)
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Filing 35
Notice of Service of Defendant Lokring Technology, LLC's First Set of Requests for Admission to Plaintiffs filed by Lokring Technology, LLC. (Lauricia, Samuel)
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Financial Transaction in the amount of $403,030.00 received from Weston Hurd. Receipt # 14660131061 Related document(s) #28 . (M,MT)
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Filing 34
Case Management Conference Order. Case is assigned to the standard track. Discovery due by 12/1/2021. Parties to be Joined and Pleading Amendments due by 6/1/2021, Dispositive Motions due by 5/6/2022. Status Conference set for 9/1/2021 at 01:30 PM in Chambers 16A. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Judge Pamela A. Barker on 4/22/2021. (P,K)
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Filing 33
Minutes of proceedings before Judge Pamela A. Barker. Case Management Conference conducted on 4/22/2021. Separate Case Management Conference Order to issue. (Court Reporter: None.)Time: 14 minutes. (P,K)
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Filing 32
Initial Disclosures filed by All Plaintiffs. Related document(s) #14 .(Sayre, John)
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Filing 31
Initial Disclosures filed by Lokring Technology, LLC. (Taylor, Randy)
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Filing 30
Answer to counterclaim filed by All Plaintiffs. Related document(s) #17 . (Sayre, John)
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Filing 29
Notice of Service of First Requests for Production of Documents filed by Lokring Technology, LLC. (Taylor, Randy)
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Filing 28
Order Approving Stipulation for Performance Bond (Related Documents #26 and #27 ). Entered by Judge Pamela A. Barker on 4/16/2021. (L,Ja)
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Filing 27
Stipulation for performance bond filed by All Plaintiffs. (Sayre, John)
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Filing 26
Stipulation for Performance Bond filed by All Plaintiffs. (Sayre, John)
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Filing 47
Marginal Entry Order granting Defendant Lokring Technology LLC's Motion for Order to Release and Return of Bond (Related Doc #24 ). Judge Pamela A. Barker on 4/15/2021.(P,K) (D, I). Modified to upload marginal entry order on 6/3/2021 (D, I).
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Filing 25
Reply brief filed by Shepard and Associates, Inc. Related document(s) #23 (Sayre, John)
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Filing 24
Motion for Release and Return of Bond filed by Defendant Lokring Technology, LLC. (Taylor, Randy)
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Minutes of proceedings [non-document] before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiffs were Attorney John D. Sayre and Attorney James H. Grove, and participating on behalf of Defendant were Attorney Samuel J. Lauricia, III and Attorney Randy L. Taylor. The parties informed the Court of a dispute regarding the amount of the bond to be posted pursuant to the agreement placed on the record at the hearing on April 5, 2021. The Court informed the parties of its understanding of the agreement and the amount of the bond to be posted, and the parties agreed to continue to work toward a resolution of the issues that have arisen as a result of the disputed bond amount. (Court Reporter: None.)Time: 30 minutes. (L,Ja)
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Financial Transaction in the amount of $40,030.30 received from Weston Hurd. Receipt # 14660130770 Related document(s) #22 . (M,MT)
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IMPORTANT: Notice [non-document] of Status Conference set for 4/15/2021 at 11:30 AM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. (P,K)
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Filing 23
Opposition to #19 Motion to strike Paragraphs 90 and 91 of Defendant's Counterclaim filed by All Defendants. (Taylor, Randy)
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Filing 22
Minutes of proceedings before Judge Pamela A. Barker. Hearing held on Defendants Emergency Motion for Temporary Restraining Order, Preliminary Injunction, and Sanctions (Motion) (Doc. No. #18 ). Part of the parties' agreement requires Defendant to post a bond for an agreed amount by the end of business on April 14, 2021. Case Management Conference currently set for April 8, 2021 at 2:00 PM is reset for April 22, 2021 at 1:30 PM to be held telephonically. The Court will provide counsel, via email, instructions for accessing the conference call. (Court Reporter: Sue Trischan.) Time: 18 minutes. (P,K)
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Filing 21
Report of Parties' Planning Meeting - parties do not consent to this case being assigned to the magistrate judge, filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 20
Brief in Opposition to Emergency Motion for Temporary Restraining Order and Preliminary Injunction, filed by Brad Shepard, Shepard and Associates, Inc. Related document(s) #18 . (Attachments: #1 Exhibit A - Affidavit of Brad Shepard, #2 Exhibit B - Affidavit of Robert Villeneuve) (Sayre, John).
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Filing 19
Motion to strike Paragraphs 90 and 91 of Defendant's Counterclaim filed by Brad Shepard, Shepard and Associates, Inc., Brad Shepard, Shepard and Associates, Inc.. Related document(s) #17 . (Sayre, John)
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IMPORTANT: Notice [non-document] A telephonic status conference regarding Defendant's Emergency Motion for Temporary Restraining Order, Preliminary Injunction, and Sanctions (Doc. No. #18 ) is set for today, April 1, 2021, at 1:00 p.m. The Court will provide counsel, via email, instructions for accessing the conference call. (L,Ja)
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Minutes of proceedings[non-document] before Judge Pamela A. Barker. Telephone status conference held. Participating on behalf of Plaintiffs was Attorney John D. Sayre, and participating on behalf of Defendant was Attorney Samuel J. Lauricia, III. Also, present on the call was Defendant's owner and president, William Lennon. The parties agreed to preserve the status quo pending a hearing on Defendants Emergency Motion for Temporary Restraining Order, Preliminary Injunction, and Sanctions ("Defendant's Motion") (Doc. No. #18 ). The Court orders the parties to preserve the status quo as well, meaning Plaintiffs shall not use, sell, rent, or otherwise deplete in any way any of Defendant's inventory, to include tools, in Plaintiffs' possession. Plaintiffs' response to Defendant's Motion is due by the end of business tomorrow, April 2, 2021. A hearing on Defendant's Motion is set for April 5, 2021 at 1:30 p.m. in Courtroom 16A. (Court Reporter: None.) Time: 10 minutes. (P,K)
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Filing 18
Emergency Motion for temporary restraining order, Motion for Preliminary Injunction, and Motion for Sanctions filed by Defendant Lokring Technology, LLC. (Attachments: #1 Exhibit A Email, #2 Exhibit B Emails, #3 Exhibit C Email, #4 Exhibit D Email, #5 Exhibit E Emails, #6 Exhibit F Email w/Packing Slip, #7 Exhibit G Affidavit William Lennon)(Taylor, Randy). Modified text, added motion parts on 4/1/2021 (S,SR).
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Filing 17
Answer to #5 Amended complaint, Counterclaim against Brad Shepard, Shepard and Associates, Inc. filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A - Confidentiality and Non-Competition Agreement (Lauricia, Samuel).
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Filing 16
Corporate Disclosure Statement filed by Lokring Technology, LLC. (Taylor, Randy)
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Filing 15
Attorney Appearance by Randy L. Taylor filed by on behalf of Lokring Technology, LLC. (Taylor, Randy)
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Filing 14
Case Management Conference Scheduling Order with case management conference to be held on 4/8/2021 at 02:00 PM to be held telephonically before Judge Pamela A. Barker. The Court will provide counsel, via email, instructions for accessing the conference call. IMPORTANT: The parties are advised to carefully read this Order and to familiarize themselves with the deadlines imposed as not all deadlines are contained in the text of this docket entry. Entered by Judge Pamela A. Barker on 3/19/2021. (Attachments: #1 Report of Parties' Planning Meeting Standard)(L,Ja)
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Filing 13
Memorandum Opinion and Order: For reasons set forth in this order, Lokring's Motion to Dismiss (Doc. No. #6 ) is GRANTED IN PART and DENIED IN PART. Specifically, Lokring's Motion to Dismiss is GRANTED with respect to Counts Three, Four, and Five of Plaintiffs' Amended Complaint and DENIED with respect to Counts One and Two of Plaintiffs' Amended Complaint.Lokring's Emergency Motion to Enforce the Contracts (Doc. No. #9 ) is DENIED. Entered by Judge Pamela A. Barker on 3/19/2021. (L,Ja)
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Filing 12
Declaration of William Lennon Pursuant to 28 U.S.C. 1746 filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Declaration of William Lennon Pursuant to 28 U.S.C. 1746))(Lauricia, Samuel)
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Order [non-document] To establish diversity jurisdiction over this matter, Plaintiffs have identified the states of organization and principal place of business of Defendant Lokring Technology, LLC. (See Doc. No. #1 at paragraph 3; Doc. No. #5 at paragraph 3.) However, the citizenship of a limited liability company is not determined by its states of organization and principal place of business. Delay v. Rosenthal Collins Grp., LLC, 585 F.3d 1003, 1005 (6th Cir. 2009). Instead, a limited liability company has the citizenship of each of its members. Id. Therefore, the Court orders Defendant Lokring Technology, LLC to identify the citizenship of all of its members at the time the Complaint was filed in this action by March 15, 2021. Entered by Judge Pamela A. Barker on 3/11/2021. (L,Ja)
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Filing 11
Reply in support of #9 Emergency Motion to enforce the contracts filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Affidavit of William Lennon), #2 Exhibit B (Affidavit of Zach Maywald))(Miller, Matthew)
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Filing 10
Opposition to #9 Emergency Motion to enforce the contracts filed by Shepard and Associates, Inc.. (Attachments: #1 Affidavit Brad Shepard)(Sayre, John)
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Filing 9
Emergency Motion to enforce the contracts, filed by Defendant Lokring Technology, LLC. (Attachments: #1 Exhibit A - Affidavit of William Lennon, #2 Exhibit B - Affidavit of Andy Steven, #3 Exhibit C - Affidavit of Zach Maywald))(Miller, Matthew)
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Filing 8
Reply in support of #6 Joint Motion to dismiss Plaintiff's First Amended Complaint filed by Lokring Technology, LLC. (Attachments: #1 Exhibit A (Emails))(Miller, Matthew)
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Filing 7
Opposition to #6 Joint Motion to dismiss Plaintiff's First Amended Complaint filed by All Plaintiffs. (Attachments: #1 Exhibit - Email)(Sayre, John)
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Filing 6
Joint Motion to dismiss Plaintiff's First Amended Complaint filed by Defendant Lokring Technology, LLC. (Attachments: #1 Exhibit 1 (Distributor Agreement), #2 Appendix (Unpublished case - Franklin Park Lincoln-Mercury v. Ford Motor Company), #3 Appendix (Unpublished case - Franklin Tractor Sales v. New Holland N. Am.))(Miller, Matthew)
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Filing 5
Amended complaint against Lokring Technology, LLC. Filed by Shepard and Associates, Inc., Brad Shepard. (Attachments: #1 Exhibit A - SPA, #2 Exhibit B - CA, #3 Exhibit C - ARCS, #4 Exhibit D - Amended DA, #5 Exhibit E - Letter of Termination) (Sayre, John)
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Filing 4
Waiver of Service Returned Executed by Shepard and Associates, Inc., Brad Shepard. Lokring Technology, LLC waiver sent on 11/3/2020, answer due 1/4/2021 filed on behalf of Shepard and Associates, Inc.; Brad Shepard (Sayre, John)
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Filing 3
Corporate Disclosure Statement filed by Brad Shepard, Shepard and Associates, Inc.. (Sayre, John)
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Filing 2
Original Summons and Magistrate Consent Form issued to counsel for service upon Lokring Technology, LLC. (Attachments: #1 Magistrate Consent Form) (L,MI)
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Filing 1
Complaint for breach of contract, breach of fiduciary duty, intentional interference with contract, unjust enrichment, and equitable estoppel with jury demand against Lokring Technology, LLC. Filing fee paid $ 400, Receipt number AOHNDC-10394092. Filed by Shepard and Associates, Inc., Brad Shepard. (Attachments: #1 Exhibit A - Stock Purchase Agreement, #2 Exhibit B - Distributor Agreement, #3 Exhibit C - Notice of Termination, #4 Civil Cover Sheet, #5 Summons) (Sayre, John)
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Judge Pamela A. Barker assigned to case. (L,MI)
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Notice by Clerk that Shepard and Associates, Inc. failed to file a corporate disclosure statement as required by Local Rule 3.13(b). (L,MI)
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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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