Betco Corporation v. Stickels et al
| Betco Corporation |
| Thomas Stickels, Tim Cleary, John Adkins and North American Cleaning Equipment Inc. |
| 3:2022cv01336 |
| July 28, 2022 |
| US District Court for the Northern District of Ohio |
| Jack Zouhary |
| Defend Trade Secrets Act (of 2016) |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 24, 2022. A more recent docket listing may be available from PACER.
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ORDER [non-document] granting #41 Betco Corporation's Motion for Leave to File Declaration of Barret Betz in Support of its Request for a Preliminary Injunction. Declaration at Doc. #41 -1 is deemed filed. Judge Jack Zouhary on 10/24/2022. (V,S)
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| Filing 43 Stipulation & Order approving #42 Proposed Stipulation to Extend Time to Respond to Complaint. Judge Jack Zouhary on 10/17/2022. (D,L) |
| Filing 42 Proposed Stipulation to Extend Time to Respond to Complaint filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Mendolera, Lauren) |
| Filing 41 Motion for leave to File Declaration of Barrett Betz in Support of its Request for a Preliminary Injunction filed by Plaintiff Betco Corporation. (Attachments: #1 Exhibit 1 - Declaration of Barrett Betz)(Wagoner, Gregory) |
| Filing 40 SEALED Document:Supplemental Filing in Opposition to Request for Injunctive Relief filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Attachments: #1 Exhibit A - Chart, #2 Exhibit B - Sales)(Calabrese, Jeffrey) |
| Filing 39 SEALED Document:Supplemental Filing in Support of Request for Injunctive Relief filed by Betco Corporation. (Wagoner, Gregory) |
| Filing 38 Non-Appeal Transcript Order Form for proceedings held on 09/21/2022 before Judge Zouhary, re Oral Argument - Final,,. Court Reporter: Diana Ziegelhofer. filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Calabrese, Jeffrey) |
| Stipulation & Order [non-document] approving #37 Proposed Stipulation to Extend Time to Respond to Complaint. Answer now due October 17, 2022. Judge Jack Zouhary on 9/27/2022. (D,L) |
| Filing 37 Proposed Stipulation to Extend Time to Respond to Complaint filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. Related document(s) #1 .(Calabrese, Jeffrey) |
| Filing 36 SEALED Transcript of preliminary injunction closing arguments held on 9/21/2022 before Judge Jack Zouhary. Court Reporter: Diana Ziegelhofer. [83 pages] Related document(s) #35 . (Z,D) |
| Filing 35 Non-Appeal Transcript Order Form for proceedings held on 9/21/2022 before Judge Jack Zouhary, Court Reporter: Diana Ziegelhofer. filed by Betco Corporation. (Wagoner, Gregory) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Oral Argument held on 9/21/2022. Counsel Present: Greg Wagoner and Evan Bunis for Plaintiff; Jeff Calabrese and Lauren Mendolera for Defendants. Argument heard on the Preliminary Injunction Motion. Counsel may submit, by September 30, additional filings as requested by this Court during the hearing or any new case citations with pincites. No further briefing is necessary. Matter taken under advisement. (Court Reporter: Diana Ziegelhofer.) Time: 2 hours, 30 minutes. (D,L) |
| Filing 34 Notice of Filing Hearing Exhibits Under Seal filed by Betco Corporation. Related document(s) #26 . (Attachments: #1 Exhibit 04 - 2022.03.29 Nacecare ltr to Stickels, #2 Exhibit 05 - 2022 Stickels Non-Compete, #3 Exhibit 08 - 2022.03.07 email, #4 Exhibit 09 - 2022.03.14 email, #5 Exhibit 10 - 2022.03.22 email, #6 Exhibit 11 - 2022.04.21 email, #7 Exhibit 12 - text messages, #8 Exhibit 13 - 2022.05.05 email, #9 Exhibit 14 - 2022.05.18 email, #10 Exhibit 15 - 2022.05.23 email, #11 Exhibit 16 - text messages D00000417, #12 Exhibit 17 - 2022.06.30 email, #13 Exhibit 18 - 2022.06.20 email 532, #14 Exhibit 19 - 2022.06.10 Nacecare letter to Adkins, #15 Exhibit 22 - 2022.08.02 email, #16 Exhibit 40 - 2022.07.26 Meeting re notable accounts, #17 Exhibit 41 - 2022.06.30 Stickels email, #18 Exhibit 48 - Betco Equipment Sales, #19 Exhibit 53 - Stickels Outlook Calendar, #20 Exhibit 55 - Osceola Supply Private Label Price List Betco-000225-Betco-000225, #21 Exhibit 56 - 2020 Key Revenue Drivers Betco-000233-Betco-000260, #22 Exhibit 57 - 2020 Key Revenue Drivers Betco-000315-Betco-000347, #23 Exhibit 58 - 2022 Tom Stickels Plan Betco-000306-Betco-000314, #24 Exhibit 59 - Tampa Metro BSCs & Property Mgmt Betco-000449-Betco-000451, #25 Exhibit 60 - Orlando Metro BSC Betco-000448-Betco-000448, #26 Exhibit 61 - 2022 Key Revenue Drivers Betco-000452-Betco-000477, #27 Exhibit 62 - Betco Equipment Distributor Price List Betco-000693-Betco-000704, #28 Exhibit 63 - Brame Price List Betco-000705-Betco-000863, #29 Exhibit 64 - Brady Price List Betco-000864-Betco-000864, #30 Exhibit 65 - Betco to NaceCare Product Comparison, #31 Exhibit 66 - Adkins Dell Laptop - Cloud Storage URLs, #32 Exhibit 67 - 2022.06.10 Offer of Employment letter, #33 Exhibit 70 - Jeanine text message)(Wagoner, Gregory) |
| Filing 33 Notice of Filing Hearing Exhibit filed by Betco Corporation. (Attachments: #1 Exhibit 01 - 2018 Stickels Non-Compete Agmt, #2 Exhibit 02 - Stickels Employment Agreement, #3 Exhibit 03 - Stickels Severance Agreement, #4 Exhibit 06 - Cleary Non-Compete, #5 Exhibit 07 - Adkins Non-Compete, #6 Exhibit 25 - 2022.06.10 Acceptance of Offer, #7 Exhibit 31 - Adkins Dell Laptop - Activity Timeline, #8 Exhibit 33 - Cleary Dell Laptop - Activity Timeline, #9 Exhibit 34 - Cleary Dell Laptop - Connected External Devices, #10 Exhibit 37 - Stickels SSD - Activity Timeline, #11 Exhibit 38 - Stickels SSD - Connected External Devices, #12 Exhibit 44 - Stickels social media post, #13 Exhibit 50 - Betco Equipment, #14 Exhibit 51 - NaceCare Equipment, #15 Exhibit 52 - Betco - NaceCare product comparison, #16 Exhibit 68 - Cleary Resume)(Wagoner, Gregory) |
| Filing 32 QUESTIONS FOR CLOSING ARGUMENTS. Counsel shall be prepared to answer these questions at the hearing set for Wednesday, September 21, 2022 at 9 AM. Counsel should not submit written responses to these questions in advance of the Hearing, but should share any new case citations. Judge Jack Zouhary on 9/16/2022. (V,S) |
| Filing 31 SEALED Transcript of Preliminary Injunction Hearing held on September 2, 2022 before Judge Jack Zouhary. Court Reporter: Stacey L. Kiprotich. [242 pages] Related document(s) #28 , #29 . (K,SL) |
| Notice [non-document] of Hearing. Closing Arguments of Counsel will be held on Wednesday, September 21, 2022 at 9 AM in Courtroom 209 before Judge Jack Zouhary. Related document(s) #2 , #3 . (D,L) |
| Filing 30 SEALED Transcript of Preliminary Injunction held on September 1, 2022 before Judge Jack Zouhary. Court Reporter: Stacey L. Kiprotich. [252 pages] Related document(s) #28 , #29 . (K,SL) |
| Filing 29 Non-Appeal Transcript Order Form for proceedings held on 09/01/2022 and 09/02/2022 before Judge Zouhary, re Motion Hearing,, Motion Hearing,,. Court Reporter: Stacey Kiprotich. Requested completion date: 3-Day Transcript filed by Betco Corporation. (Wagoner, Gregory) |
| Filing 28 Non-Appeal Transcript Order Form for proceedings held on 09/01/2022 and 09/02/2022 before Judge Zouhary, re Motion Hearing,, Motion Hearing,,. Court Reporter: Stacey Kiprotich. Requested completion date: 3-Day Transcript filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Calabrese, Jeffrey) |
| Filing 27 SEALED Document: 9/2/2022 Motion Hearing Exhibits filed by John Adkins, Tim Cleary, Thomas Stickels, North American Cleaning Equipment Inc.. Related document(s) #26 . (Attachments: #1 Exhibit A - Exhibit to be filed Under Seal, #2 Exhibit B-Exhibit to be filed Under Seal, #3 Exhibit C-Exhibit to be filed Under Seal, #4 Exhibit D-Exhibit to be filed Under Seal, #5 Exhibit E-Exhibit to be filed Under Seal, #6 Exhibit F-Exhibit to be filed Under Seal, #7 Exhibit G-Exhibit to be filed Under Seal, #8 Exhibit H-Exhibit to be filed Under Seal, #9 Exhibit I-Exhibit to be filed Under Seal, #10 Exhibit J-Exhibit to be filed Under Seal, #11 Exhibit K-Exhibit to be filed Under Seal)(Calabrese, Jeffrey) Modified on 9/9/2022 (V,S). Modified entry to fix restriction on 9/9/2022 (V,S). |
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Filing 26
Order re: Exhibits. Counsel shall file exhibits as stipulated in the record at the Motion Hearing on September 2, 2022. Counsel shall file corresponding exhibit lists and may file stipulated exhibits under seal. Judge Jack Zouhary on 9/6/2022. (D,L)
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| Minutes of proceedings [non-document] before Judge Jack Zouhary. Motion Hearing held on 9/2/2022. Counsel present: Greg Wagoner and Evan Bunis for Plaintiff; Jeff Calabrese and Lauren Mendolera for Defendant. Testimony heard from witnesses Tom Stickels, John Adkins, Tim Cleary, Kevin Young. Exhibits admitted. Order to follow. No further briefing is necessary. This Court takes the matter under advisement. (Court Reporter: Stacey Kiprotich.) Time: 7 hours. Related document(s) #2 , #3 . (D,L) |
| Minutes of proceedings [non-document] before Judge Jack Zouhary. Motion Hearing held on 9/1/2022. Counsel present: Greg Wagoner and Evan Bunis for Plaintiff; Jeff Calabrese and Lauren Mendolera for Defendant. Testimony heard from witnesses Alyssa Rhoades, Bradley Betz, Denise Lennard, Jeff Sloan, Tom Stickels. Hearing continued to Friday, September 1, 2022 at 8 AM in Courtroom 209 before Judge Jack Zouhary. (Court Reporter: Stacey Kiprotich.)Time: 7 hours. Related document(s) #2 , #3 . (D,L) |
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Filing 24
ORDER. Phone Status Conference with counsel held on 8/29/2022. This Court reviewed with counsel discovery issues reflected in their recent letters. Counsel is permitted to submit deposition transcripts under seal in this court, by indicating transcripts are to be "for this Court's eyes only." Counsel will file exhibits and deposition transcripts prior to the September 1-2, 2022 hearing. Judge Jack Zouhary on 8/30/2022. (45 mins)(D,L)
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| Notice [non-document]. The Hearing set for Thursday, September 1, 2022 will now begin at 9 AM (NOT 2 PM) in Courtroom 209 before Judge Jack Zouhary. (D,L) |
| Notice [non-document]. The Hearing set for Thursday, September 1, 2022 will begin at 2 PM in Courtroom 209 before Judge Jack Zouhary. (D,L) |
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ORDER [non-document] approving #22 Stipulation to Extend Time to Respond to Complaint. Answer now due September 12, 2022. Judge Jack Zouhary on 8/19/2022. (V,S)
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| Filing 23 Stipulated Protective Order regarding confidential documents granting #21 Stipulated Motion for protective order. Judge Jack Zouhary on 8/18/2022. (D,L) |
| Filing 22 Proposed Stipulation Extending Time to Move, Answer or Otherwise to Respond to Complaint filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. Related document(s) #1 .(Calabrese, Jeffrey) |
| Filing 21 Stipulated Motion for protective order filed by Plaintiff Betco Corporation. (Attachments: #1 Exhibit Acknowledgement of Protective Order)(Bunis, Evan) |
| Filing 20 Transcript of motion hearing held on 8/2/2022 before Judge Jack Zouhary. To obtain a copy of this transcript please contact court reporter Diana Ziegelhofer at diana_ziegelhofer@ohnd.uscourts.gov. [48 pages] Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 8/23/2022. Redaction Request due 9/6/2022. Redacted Transcript Deadline set for 9/16/2022. Release of Transcript Restriction set for 11/14/2022. Related document(s) #18 , #17 . (Z,D) |
| Filing 19 Marginal Entry Order granting #15 Motion for appearance pro hac vice by attorney Lauren R. Mendolera for John Adkins, Tim Cleary, North American Cleaning Equipment Inc., and Thomas Stickels. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 8/11/2022. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 18 Expedited Non-Appeal Transcript Order Form for proceedings held on 8/3/2022 before Judge Zouhary, Court Reporter: Diana Ziegelhofer. Requested completion date: 8/18/2022 filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Calabrese, Jeffrey) |
| Filing 17 Expedited Non-Appeal Transcript Order Form for proceedings held on 8/3/2022 before Judge Zouhary, Court Reporter: Diana Ziegelhofer. Requested completion date: 8/17/2022 filed by Betco Corporation. (Wagoner, Gregory) |
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Filing 16
Order. This Court approves and adopts all deadlines in the attached Joint Stipulation. The Hearing set for August 26, 2022 is vacated and reset for Thursday and Friday, September 1 and 2, 2022. This Court will finalize the start time for this hearing as the date approaches. Judge Jack Zouhary on 8/10/2022. (Attachments: #1 Joint Stipulation)(D,L)
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| Filing 15 Motion for attorney Lauren R. Mendolera to Appear Pro Hac Vice. Filing fee $ 120, receipt number 34660013216, filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Attachments: #1 Declaration, #2 Certificate Good Standing, #3 Envelope)(S,DM) |
| Filing 14 Corporate Disclosure Statement identifying Corporate Parent The Mason Group of Companies Holdings Limited for North American Cleaning Equipment Inc. filed by North American Cleaning Equipment Inc.. (Calabrese, Jeffrey) |
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Filing 13
ORDER. Record Hearing held on Plaintiff's Motion for a Temporary Restraining Order (Doc. #2 ) and Motion for Expedited Discovery (Doc. #3 ) on 8/2/2022. Hearing Ex. A is attached to this Order. Counsel shall advise this Court of their discussions regarding desired next steps and further proceedings by Tuesday, August 9, 2022. This Court has reserved Friday, August 26, 2022, for a further hearing if necessary. Judge Jack Zouhary on 8/3/2022. (Attachments: #1 Hearing Exhibit A) (1 hour, 30 mins) (Court Reporter: Diana Ziegelhofer) (V,S)
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| Filing 12 Marginal Entry Order granting #10 Motion for appearance pro hac vice by attorney Jeffrey J. Calabrese for John Adkins, Jeffrey J. Calabrese for Tim Cleary, Jeffrey J. Calabrese for North American Cleaning Equipment Inc., Jeffrey J. Calabrese for Thomas Stickels. Local Rule 5.1(c) requires that attorneys register for NextGen CM/ECF and file and receive all documents electronically. NextGen CM/ECF registration can be done online at www.pacer.gov. Login with your PACER credentials, go to the Maintenance tab, click Attorney Admissions/E-File Registration, select Ohio Northern District Court and then select Pro Hac Vice. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. Judge Jack Zouhary on 8/2/2022. (Attachments: #1 ACTL Code of Conduct) (V,S) |
| Filing 11 Reply in support of #2 Motion for temporary restraining order filed by Betco Corporation. (Attachments: #1 Declaration of Jeff Sloan)(Wagoner, Gregory) |
| Filing 10 Motion for attorney Jeffrey J. Calabrese to Appear Pro Hac Vice with Declaration in Support. Filing fee $ 120, receipt number 34660013191, filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (S,DM) |
| Filing 9 Motion for leave to File Reply Brief in Support of Motion for Temporary Restraining Order filed by Plaintiff Betco Corporation. Related document(s) #2 . (Attachments: #1 Proposed Reply Brief in Support of Motion for Temporary Restraining Order, #2 Proposed Order)(Wagoner, Gregory) |
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Order [non-document] granting #9 Motion for leave to File Reply Brief in Support of Motion for Temporary Restraining Order. Counsel shall refile the Reply Brief with attached exhibits. Judge Jack Zouhary on 8/2/2022.(D,L)
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| Filing 8 Defendants' Opposition to Plaintiff's Motions for Temporary Restraining Order and Expedited Discovery (Docs. #2 & #3 ) filed by John Adkins, Tim Cleary, North American Cleaning Equipment Inc., Thomas Stickels. (Attachments: #1 Declaration of Jeffrey Calabrese, #2 Calabrese Declaration - Exhibit A, #3 Calabrese Declaration - Exhibit B, #4 Calabrese Declaration - Exhibit C, #5 Calabrese Declaration - Exhibit D, #6 Calabrese Declaration - Exhibit E, #7 Declaration of Gareth Mason, #8 Declaration of John Adkins, #9 Declaration of Tim Cleary, #10 Declaration of Tom Stickels)(D,L) |
| Filing 7 Civil Case Management Procedures Order. Judge Jack Zouhary on 8/1/2022. (R,EM) |
| 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. (R,EM) |
| Filing 6 Corporate Disclosure Statement filed by Betco Corporation. (Wagoner, Gregory) |
| Filing 5 Original Summons and Magistrate Consent Form issued to counsel for service upon Thomas Stickles, Tim Cleary, John Adkins, and North American Cleaning Equipment Inc. (Attachments: #1 Magistrate Consent Form) (R,EM). |
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ORDER [non-document]. Telephone Conference held on July 29, 2022. Counsel present: Greg Wagoner for Plaintiff; Jeff Calabrese for Defendants. Hearing on #2 Motion for Temporary Restraining Order set for Tuesday, August 2, 2022 at 2:00 PM in Courtroom 209 before Judge Jack Zouhary. Any filings shall be made by counsel no later than 2:00 PM on Monday, August 1, 2022. Judge Jack Zouhary on 7/28/2022. (30 mins) (V,S)
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| Judge Jack Zouhary assigned to case. (R,EM) |
| Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Darrell A. Clay. (R,EM) |
| IMPORTANT: Notice [non-document] of Telephone Conference set for TODAY, July 29, 2022 at 12:00 PM before Judge Jack Zouhary. At that time, counsel shall call the District Court conference line provided by email. (V,S) |
| Filing 4 Certificate of Contact filed by Betco Corporation. Related document(s) #2 , #1 , #3 .(Wagoner, Gregory) |
| Filing 3 Motion for Expedited Discovery with Memorandum in Support filed by Plaintiff Betco Corporation. Related document(s) #2 , #1 . (Attachments: #1 Exhibit Stickels Discovery Requests, #2 Exhibit Cleary Discovery Requests, #3 Exhibit Adkins Discovery Requests, #4 Exhibit NaceCare Discovery Requests, #5 Proposed Order)(Wagoner, Gregory) |
| Filing 2 Motion for temporary restraining order with memorandum in support filed by Plaintiff Betco Corporation. Related document(s) #1 . (Attachments: #1 Exhibit Certificate of Contact, #2 Proposed Order)(Wagoner, Gregory) |
| Filing 1 Complaint with jury demand against All Defendants. Filing fee paid $ 402, Receipt number AOHNDC-11542704. Filed by Betco Corporation. (Attachments: #1 Exhibit Stickels Non-Compete, #2 Exhibit Cleary Non-Compete, #3 Exhibit Adkins Non-Compete, #4 Exhibit Stickels Severance, #5 Civil Cover Sheet, #6 Summons Stickels, #7 Summons Cleary, #8 Summons Adkins, #9 Summons NaceCare) (Wagoner, Gregory) |
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