Owens Corning Sales, LLC v. Ecuity Edge LLC
| Owens Corning Sales, LLC |
| Ecuity Edge LLC |
| 3:2020cv02083 |
| September 16, 2020 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Contract: Other |
| 28 U.S.C. § 1332 |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on October 8, 2020. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Order [non-document]. Record Phone Status held on 10/8/2020. Appearances: Plaintiff Owens Corning Sales representatives Aaron Vay, Nick Malone, and Jessica Donnell with counsel Matthew Kemp and Peter Silverman; Defendant Ecuity Edge LLC representative Terri Stephan. Plaintiff's Amended Motion to Enforce the Settlement Agreement #17 is granted. The prior Motion #16 is denied as moot. See Transcript for details. Judge Jack Zouhary on 10/8/2020. (Court Reporter: Angela Nixon) (30 mins)(D,L)
|
| Filing 17 Amended SEALED Motion to Enforce Settlement Agreement #14 , #16 filed by Plaintiff Owens Corning Sales, LLC. Related document(s) #14 , #16 . (Attachments: #1 Declaration of Jessica Donnell)(Kemp, Matthew) |
| Filing 16 SEALED Motion to Enforce Settlement Agreement #14 filed by Plaintiff Owens Corning Sales, LLC. Related document(s) #14 . (Attachments: #1 Exhibit 1 - Declaration of Matthew T. Kemp)(Kemp, Matthew) |
|
Filing 15
ORDER. Record Phone Status held on 10/2/2020. The parties shall continue to abide by this Court's TRO Order #7 and continue to negotiate in good faith. Hearings are scheduled for Monday, October 5, 2020 at 3:00 PM and Thursday, October 8, 2020 at 3:00 PM. Representative for Defendant was again advised that, as an LLC, Defendant must obtain legal counsel licensed to practice in the Northern District of Ohio in order to be heard at these formal hearings. See transcript for details. The recent emails betweenthe parties and this Court are also attached under seal. Judge Jack Zouhary on 10/2/2020. (Court Reporter: Angela Nixon) (30 mins)(D,L) (Additional attachment(s) added on 10/2/2020: #2 Emails - Re Phone Status, #3 Emails - Oct. 1, 2020, #4 Emails - Sept. 30, 2020) (D,L).
|
| Filing 14 Marginal Entry Order granting #13 Plaintiff's Motion for Leave to file under seal. Judge Jack Zouhary on 10/2/2020.(D,L) |
| Filing 13 Motion for leave to file under seal filed by Plaintiff Owens Corning Sales, LLC. (Kemp, Matthew) |
| Filing 12 Sealed Order. At the request of counsel for Plaintiff, this Court held a record Phone Status on 9/29/2020. See transcript for details. Any further e-mails, or documents ordered produced to this Court, should be sent to the following address: zouhary_chambers@ohnd.uscourts.gov. Judge Jack Zouhary on 9/29/2020. (Attachments: #1 9-24-20 E-Mail, #2 9-27-20 E-Mail) (Court Reporter: Angela Nixon). (30 mins)(D,L) |
| NOTICE [non-document] of Phone Status set for 9/29/20 at 10:00 AM before Judge Jack Zouhary. This Court will initiate the call. (S,Na) |
|
Filing 11
ORDER. Conference held on 9/24/20. Case was scheduled for a hearing on Plaintiff's Motion for injunctive relief (Docs. #3 , #10 ). Parties were given opportunity beforehand to meet and discuss in private. An agreement was reached and placed on the record (Court Reporter: Stacey Kiprotich). Parties have until 10/30/20 to complete the settlement and file a Dismissal. This Court remains available in the interim to assist if necessary. (1 hr) Judge Jack Zouhary on 9/24/20. (S,Na)
|
| Filing 10 Supplement to Motion for temporary restraining order and preliminary injunction - Supplemental Memorandum in Support of Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction, filed by Owens Corning Sales, LLC. Related document(s) #3 . (Attachments: #1 Aaron Vay Declaration and Exhibit)(Kemp, Matthew) |
| Filing 9 Transcript of Phone Conference / TRO and Preliminary Injunction held on 09/21/2020 before Judge Jack Zouhary. To obtain a bound copy of this transcript please contact court reporter Stacey L. Kiprotich at 419-213-5520. [16 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 9/30/2020. Redaction Request due 10/14/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/22/2020. Related document(s) #8 . (K,SL) |
| Filing 8 Expedited Non-Appeal Transcript Order Form for proceedings held on September 21, 2020 before Judge Jack Zouhary, re #7 Minute Order _ Telephone Conference. Court Reporter: Stacey Kiprotich. Requested completion date: September 23, 2020 filed by Owens Corning Sales, LLC. Related document(s) #7 . (Kemp, Matthew) |
|
Filing 7
ORDER. Two phone conferences held on 9/21/20. Second phone conference included representatives from both parties, and was on the record (Court Reporter: Stacey Kiprotich). Hearing on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #3 ) set for 9/24/20 at 10:00 AM (EDT) in Courtroom 209 before Judge Jack Zouhary. Court reminded Defendant that it needed to have legal counsel, admitted to practice in the Northern District of Ohio, present at that hearing. It is, of course, up to Defendant whether it wishes to have current defense counsel present; if so, he would need to be admitted pro hac vice. See attached Order for further detail. (1 hr). Judge Jack Zouhary on 9/22/20. (S,Na)
|
| Copy of #7 e-mailed to David Gearhart at gearhart@advantagelaw.us on 9/22/2020. (D,L) |
|
Filing 6
ORDER. Phone Conference held on 9/16/2020. Plaintiff seeks a temporary restraining order and preliminary injunction preventing Defendant from terminating Plaintiff's subscription to -- and Defendant's support for -- the "Loyalty Edge software program ". Counsel shall confer to see if agreements can be reached absent a hearing. If not, counsel should jointly contact Chambers to schedule an early hearing to either continue or dissolve the status quo. This Court will accommodate such a request. In the interim, Defendant may file responsive briefing to Plaintiff's initial papers. See Order for details. Judge Jack Zouhary on 9/17/2020. (30 mins)(D,L) Emailed to David Gearhart, counsel for Defendant Ecuity Edge LLC at gearhart@advantagelaw.us on 9/17/2020 (D,L).
|
| Filing 5 Civil Case Management Procedures Order. Judge Jack Zouhary on 9/16/2020. (M,L) |
| Filing 4 Original Summons and Magistrate Consent Form issued to counsel for service upon Ecuity Edge LLC. (Attachments: #1 Magistrate Consent Form) (M,L) |
| Filing 3 Motion for temporary restraining order and preliminary injunction filed by Plaintiff Owens Corning Sales, LLC. Related document(s) #1 . (Attachments: #1 Brief in Support)(Kemp, Matthew) |
| Filing 2 Corporate Disclosure Statement identifying Corporate Parent Owens Corning for Owens Corning Sales, LLC filed by Owens Corning Sales, LLC. (Kemp, Matthew) |
| Filing 1 Complaint /Verified Complaint for Temporary Restraining Order and Injunctive Relief against Ecuity Edge LLC. Filing fee paid $ 400, Receipt number AOHNDC-10269389.. Filed by Owens Corning Sales, LLC. (Attachments: #1 Exhibit A - SaaS Agreement, #2 Exhibit B - Notice Letter, #3 Civil Cover Sheet, #4 Summons to Ecuity Edge LLC) (Kemp, Matthew) |
| Notice re Prompt Service. Counsel for Plaintiff is responsible for promptly serving the Complaint on Defendant(s) upon receiving the issued summons from the Clerk and, after service has been perfected, electronically filing a Return of Service or an executed Waiver of Service for each Defendant.Service is to be accomplished pursuant to Fed. R. Civ. P. 4, which includes provisions for personal service and waiver of service, and Local Rule 4.2. If you wish the Clerk to serve the Complaint on Defendant(s) (a seldom used alternative because it does not save time or money), you must provide the Clerk's office with copies of the Complaint along with other necessary documents, in the manner set forth in Local Rule 4.2(a).After Defendant(s) have been served and counsel enter an appearance, this Court will promptly hold an Initial Phone Status Conference. No Motion to Dismiss may be filed in advance of this Conference. The responsive pleading deadline will be automatically tolled until that time. (M,L) |
| 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. (M,L) |
| Judge Jack Zouhary assigned to case. (M,L) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Ohio Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Owens Corning Sales, LLC v. Ecuity Edge LLC | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
| Defendant: Ecuity Edge LLC | |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
| Plaintiff: Owens Corning Sales, LLC | |
| Represented By: | Matthew T. Kemp |
| Represented By: | Peter R. Silverman |
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Finance | [ Google Finance | Yahoo Finance | Hoovers | SEC Edgar Filings ] |
| Search Web | [ Unicourt | Justia Dockets | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
