Bettcher Industries, Inc. v. Cutting Edge Services Limited
| Bettcher Industries, Inc. |
| Cutting Edge Services Limited |
| 3:2018cv00735 |
| April 2, 2018 |
| US District Court for the Northern District of Ohio |
| Toledo Office |
| Erie |
| Jack Zouhary |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
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| Filing 28 Dismissal Order. Counsel having advised this Court that this action is now concluded #27 , in light of the related arbitration decision #26 , this case is dismissed. Judge Jack Zouhary on 5/30/2019. (D,L) |
| Filing 27 Joint Status Report filed by Bettcher Industries, Inc.. Related document(s) #26 .(Holdsworth, Peter) |
Filing 26
ORDER. Court received and reviewed e-mail from counsel attaching a Decision and Order issued by the Tribunal on Plaintiff Bettcher's Application for Sanctions. Plaintiff shall provide Court with the Final Award which they expect to receive by 3/29/19. Within 2 weeks after that Award is issued, counsel shall file a brief Joint Status Report on what they anticipate next steps will be and a proposed case schedule. If counsel believe a Phone Status with this Court would be helpful, they may include a proposed date for that as well. Judge Jack Zouhary on 3/5/19. (S,Na)
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ORDER [non-document]. Joint Status Report received on 9/17/2018. Further Status Report due by 1/28/2019 (arbitration to by completed by 1/24/2019). Judge Jack Zouhary on 9/24/2018. (D,L)
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| Filing 25 True copy of order from the USCA for the Sixth Circuit: Granting the motion to voluntarily dismiss the appeal re #21 (USCA# 18-3555). Date issued by USCA 9/13/18 (H,SP) |
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ORDER [non-document]. Joint Status Report due by 9/17/18 advising on the status of the arbitration. Judge Jack Zouhary on 7/31/18. (S,Na)
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| Filing 24 Transcript of TRO/PRELIMINARY INJUNCTION held on 05/07/2018 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [58 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 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. Related document(s) #22 . (K,SL) |
| Filing 23 FILING ERROR. (To be refiled). Transcript of TRO/Preliminary Injunction held on 05/07/2018 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [58 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 6/28/2018. Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. Related document(s) #22 . (K,SL) THIS TRANSCRIPT WILL NOT BE RELEASED (S,HR). |
| Acknowledgment from the USCA for Sixth Circuit of receipt of #21 Notice of Appeal (USCA# 18-3555). Date filed in USCA 6/13/18. (H,SP) |
| Filing 22 Expedited Transcript Request by Cutting Edge Services Limited for proceedings held on May 7, 2018 before Judge Jack Zouhary, re #21 Notice of Appeal,. Court Reporter: Stacey Kiprotich. Transcript required for appeal. (Rodgers, Andrew) |
| Filing 21 NOTICE OF APPEAL to the Sixth Circuit Court of Appeals from the #20 Order on Motion for Temporary Restraining Order,,, Order on Motion for preliminary injunction, filed by Cutting Edge Services Limited. (Filing fee $505 paid, receipt number 0647-8750117) (Rodgers, Andrew) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. At the request of counsel, Phone Status held on 6/1/18 re mediation. (15 min) (S,Na) |
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Filing 20
Order. The Motion for Preliminary Injunction and Temporary Restraining Order (Doc. #2 ) is granted in part and denied in part. This Court will enforce the status quo, including the noncompetition clause in paragraph 16 of the Distribution Agreement (Doc. #2 -4 at 10-11), pending review of interim relief by the arbitrator or arbitration panel. Counsel shall advise this Court once that occurs, and this Court retains jurisdiction to enforce this Order until that time. Judge Jack Zouhary on 5/10/2018.(D,L)
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| Minutes of proceedings [non-document] before Judge Jack Zouhary. Oral Argument re Plaintiff's Motion for Preliminary Injunction and Motion for Temporary Restraining Order (Doc. #2 ) held on 5/7/18. Counsel and party present: Jay Carson, Christopher Holecek, and Pete Holdsworth, attorneys for Plaintiff; Thomas Holm on behalf of Plaintiff. Todd Holleman, Andrew Rodgers, and Patrick Smith, Attorney for Defendant. Argument heard and matter taken under advisement. Order to follow. (Court Reporter: Stacey Kiprotich) 1 hr 30 min (D,L) |
| Filing 19 Attorney Appearance by Nancy A. Valentine filed by on behalf of Cutting Edge Services Limited. (Valentine, Nancy) |
| Filing 18 TRO HEARING QUESTIONS for Oral Argument set for 5/7/18 at 1:30 PM. At that time, counsel should be prepared to address the attached Questions. Judge Jack Zouhary on 5/4/18. (S,Na) |
| NOTICE [non-document]. Oral Argument set for 5/7/18 will now be held at 1:30 PM (NOT 2:00 PM) in Courtroom 209 before Judge Jack Zouhary. (S,Na) |
| Filing 17 Declaration of Thomas Holm (corrected) filed by Bettcher Industries, Inc. Related document(s) #16 . (Holecek, Christopher) |
| Filing 16 Reply in support of #2 Motion for preliminary injunction and Motion for temporary restraining order filed by Bettcher Industries, Inc. (Attachments: #1Filing error - wrong doc. attached. See doc. #17 Declaration - Thomas Holm)(Holecek, Christopher) Modified text on 5/2/2018 (R,Ke). |
| Filing 15 Stipulation & Order approving #13 Joint Proposed Stipulation Staying Defendant's Time to Respond to Complaint. Judge Jack Zouhary on 4/26/2018. (D,L) |
| Remark by Finance. Funds in the amount of $400.00 refunded on 04/25/2018 for receipt #0647-8632540. (K,Ve) |
| Filing 14 Opposition to #2 Motion for preliminary injunction and Motion for temporary restraining order filed by Cutting Edge Services Limited. (Attachments: #1 Declaration of Sam Tinsley, #2 Exhibit A: Email, #3 Exhibit B: Bettcher report, #4 Exhibit C: Bettcher's announcement)(Rodgers, Andrew) Modified text on 4/24/2018 (R,Ke). |
| Filing 13 Joint Proposed Stipulation Staying Defendant's Time to Respond to Complaint filed by Cutting Edge Services Limited. (Rodgers, Andrew) |
| Filing 12 Return of Service by personal service executed upon Cutting Edge Services Limited on 4/13/2018, filed on behalf of Bettcher Industries, Inc. (Carson, Jay) |
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Filing 11
ORDER. Phone Status held on 4/11/18. Upon review of proposed briefing schedules #10 , Court adopts following deadlines: Defendant's opposition brief, not to exceed 15 pages, due by 4/24/18. Plaintiff's reply brief, not to exceed 5 pages, due by 5/1/18. Oral Argument set for 5/7/18 at 2:00 PM in Courtroom 209 before Judge Jack Zouhary. Judge Jack Zouhary on 4/13/18. (S,Na)
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| Filing 10 Joint Status Report regarding Briefing Schedule filed by All Plaintiffs. (Carson, Jay) |
| Filing 9 Marginal Entry Order granting #7 Motion for appearance pro hac vice by attorney Andrew J. Rodgers for Cutting Edge Services Limited. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 4/9/2018. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 8 Marginal Entry Order granting #6 Motion for appearance pro hac vice by attorney Patrick J. Smith for Cutting Edge Services Limited. Local Rule 5.1(c) requires that attorneys register for CM/ECF and file and receive all documents electronically. The CM/ECF registration form can be found at www.ohnd.uscourts.gov under Forms. Judge Jack Zouhary on 4/9/2018. (Attachments: #1 ACTL Code of Conduct)(D,L) |
| Filing 7 Motion for attorney Andrew J. Rodgers to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8640802, filed by Defendant Cutting Edge Services Limited. (Attachments: #1 Exhibit A-Declaration of Andrew J. Rodgers)(Holleman, Todd) |
| Filing 6 Motion for attorney Patrick J. Smith to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-8640762, filed by Defendant Cutting Edge Services Limited. (Attachments: #1 Exhibit A-Declaration of Patrick J. Smith)(Holleman, Todd) |
| Filing 5 Attorney Appearance by Todd A. Holleman filed by on behalf of Cutting Edge Services Limited. (Holleman, Todd) |
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Filing 4
ORDER. Phone Status held on 4/4/18. Counsel shall continue to confer and attempt to resolve any data and document production disputes. Further Phone Status set for 4/11/18 at 12:00 PM before Judge Jack Zouhary. Counsel shall call the District Court conference line. Counsel may submit Joint Status Report in advance of the call, if they believe it will be helpful. Any responsive pleading deadlines are stayed pending the Phone Status. (30 min) Judge Jack Zouhary on 4/4/18. (S,Na)
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| Filing 3 Original Summons and Magistrate Consent Form issued to counsel for service upon Cutting Edge Services Limited. (Attachments: #1 Magistrate Consent Form) (S,SR) |
| Filing 2 Motion for preliminary injunction, Motion for temporary restraining order filed by Plaintiff Bettcher Industries, Inc. (Attachments: #1 Memorandum in Support, #2 Certificate of Counsel, #3 Affidavit of Thomas Holm, #4 Exhibit A-agreement, #5 Exhibit B-letter, #6 Exhibit C-correspondence, #7 Exhibit D-email, #8 Exhibit E-letter, #9 Exhibit F-letter, #10 Exhibit G-letter, #11 Exhibit H-letter, #12 Exhibit I-email, #13 Exhibit J-letter, #14 Proposed Order for Preliminary Injunction, #15 Proposed Order for Temporary Restraining Order)(Holecek, Christopher). Modified text on 4/2/2018 (S,SR), 4/5/2018 (R,Ke). |
| Filing 1 Verified Complaint for Injunctive Relief against Cutting Edge Services Limited. Filing fee paid $ 400, Receipt number 0647-8632631. Filed by Bettcher Industries, Inc. (Attachments: #1 Verification by Thomas Holm, #2 Civil Cover Sheet, #3 Summons, #4 Exhibit A-agreement, #5 Exhibit B-agreement, #6 Exhibit C-agreement, #7 Exhibit D-report, #8 Exhibit E-agreement, #9 Exhibit F-agreement, #10 Exhibit G-response, #11 Exhibit H-response, #12 Exhibit I-response, #13 Exhibit J-response) (Holecek, Christopher) Modified on 4/2/2018 (S,SR), 4/5/2018 (R,Ke). |
| Judge Jack Zouhary assigned to case. (S,SR) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp, II. (S,SR) |
| Request to Clerk for refund of erroneous or duplicate on-line filing fee payment. Reason for refund request: duplicate. Receipt #: 0647-8632540, filed by Bettcher Industries, Inc.. (Holecek, Christopher) |
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