Matco Tools Corporation v. Urquhart

Plaintiff: Matco Tools Corporation
Defendant: Cary G Urquhart
Case Number: 5:2019cv01009
Filed: May 6, 2019
Court: US District Court for the Northern District of Ohio
Presiding Judge: Sara Lioi
Nature of Suit: Contract: Franchise
Cause of Action: 28:1332
Jury Demanded By: Defendant

Docket Report

This docket was last retrieved on July 3, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 3, 2019 Filing 22 Proposed Stipulation filed by Matco Tools Corporation. (McMillan, Ronald)
July 2, 2019 Filing 21 Exhibit List filed by Cary G Urquhart. (Ensign, Cathryn)
July 2, 2019 Filing 20 Witness List filed by Cary G Urquhart. (Ensign, Cathryn)
July 1, 2019 Filing 19 Exhibit List filed by All Plaintiffs. (Gray, Michael)
July 1, 2019 Filing 18 Witness List filed by All Plaintiffs. (Gray, Michael)
June 21, 2019 Filing 17 Reply in support of #4 Motion for preliminary injunction filed by Matco Tools Corporation. (Attachments: #1 Affidavit Second Declaration of Michael Swanson)(Gray, Michael)
June 14, 2019 Filing 16 Brief Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Preliminary Injunction filed by Cary G Urquhart. Related document(s) #4 . (Attachments: #1 Exhibit Exhibit A - Matco Separation) (Julian, Maximilian)
June 14, 2019 Filing 15 Defendant's Answer to #1 Complaint, with Jury Demand , Counterclaim against Matco Tools Corporation filed by Cary G Urquhart. (Julian, Maximilian)
June 6, 2019 Opinion or Order Filing 14 Order: Hearing on Plaintiff's Motion for Preliminary Injunction set for 7/8/2019 at 10:00 AM in Courtroom 400 before Magistrate Judge Kathleen B. Burke. Counsel and parties/party representatives with full settlement authority must be present at the preliminary injunction hearing. In preparation for the hearing, the Court orders the following: Limited Expedited Discovery completed by 6/28/2019; Any stipulations shall be signed by all counsel and filed with the Court no later than noon on 7/3/2019. Attorneys are cautioned not to rely on the docket entry only. Read the attached Order for additional information and requirements. Magistrate Judge Kathleen B. Burke on 6/6/2019. (D, I)
June 5, 2019 Filing 13 Minute Order of Telephone Conference held on 6/5/2019. The Court advised counsel of three dates available for the preliminary injunction hearing, July 8, 9, and 10. On or before noon on 6/6/2019, counsel shall confer with each other and their respective client/client representatives and advise Magistrate Judge Burkes law clerk by email of the date the parties have agreed upon. The Court also advised counsel of other matters relating to the hearing and stated that an order containing the deadlines relating to the hearing and the tasks to be completed prior to the hearing will be set forth in a separate order. Counsel and parties/party representatives with full settlement authority must be present at the preliminary injunction hearing. Time: 16 minutes. Magistrate Judge Kathleen B. Burke on 6/5/2019. (D, I)
May 31, 2019 Opinion or Order Order [non-document] granting in part and denying in part #10 Defendant's Motion for Leave to Respond to Plaintiff's Verified Complaint and Plaintiff's Motion for a Preliminary Injunction (Doc. 10). Defendant's response to the Verified Complaint and response to the Motion for Preliminary Injunction shall be filed on or before 6/14/2019. Plaintiff's reply, if any, in support of its Motion for Preliminary Injunction shall be filed within 7 days of Defendant's response. If the parties have not yet engaged in settlement discussions, the parties, through their counsel, shall do so prior to the 6/5/2019, telephone conference and counsel shall be prepared to update the Court as to the status of the parties' settlement discussions during the telephone conference. Magistrate Judge Kathleen B. Burke on 5/31/2019.(D,PA)
May 31, 2019 Filing 12 Opposition to #10 Motion for extension of time until June 30, 2019 to respond to Plaintiff's #1 verified complaint and Plaintiff's #4 motion for a Preliminary Injunction filed by Matco Tools Corporation. (McMillan, Ronald)
May 31, 2019 Filing 11 Initial Standing Order. Judge Sara Lioi on 5/31/2019. (Attachments: #1 Appendix A - Witness List, #2 Appendix B - Exhibit List)(T,Je)
May 30, 2019 Filing 10 Motion for extension of time until June 30, 2019 to respond to Plaintiff's #1 verified complaint and Plaintiff's #4 motion for a Preliminary Injunction filed by Defendant Cary G Urquhart. (Julian, Maximilian)
May 29, 2019 IMPORTANT: Notice [non-document] of hearing. A telephone conference is scheduled with counsel before Magistrate Judge Kathleen B. Burke on 6/5/2019 at 10:00 a.m. Plaintiff's counsel shall initiate the conference. Once counsel for all parties are on the line, counsel shall contact the Chambers of Magistrate Judge Burke at 330-252-6170. If counsel are not available at the scheduled time, a joint motion to continue shall be filed setting forth at least three mutually agreeable alternate dates and times for the telephone conference. (D, I)
May 29, 2019 Filing 9 Notice of Attorney Appearance of Cathryn R. Ensign, Mark M. Turner and Maximilian A. Julian filed on behalf of Cary G Urquhart. (Julian, Maximilian)
May 24, 2019 Opinion or Order Filing 8 Order: This action is hereby referred to Magistrate Judge Kathleen B. Burke, pursuant to 28 U.S.C. Section 636(b)(1)(A), Fed. R. Civ. P. 72(a), and LR. 72.1, for a hearing and the preparation of a report and recommendation on plaintiff's motion for a preliminary injunction. (Doc. No. #4 .) Judge Sara Lioi on 5/24/2019. (S,He)
May 15, 2019 Opinion or Order Order [non-document] granting Motion for appearance pro hac vice by Attorney Michael R. Gray for Matco Tools Corporation. 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. If you were previously granted pro hac vice status and are already registered to file electronically, it is not necessary to register again. (Related Doc #6 ). Judge Sara Lioi on 5/15/2019.(O,K)
May 14, 2019 Filing 7 Return of Service by personal service executed upon Cary G Urquhart on 5/8/2019, filed on behalf of Matco Tools Corporation (McMillan, Ronald)
May 8, 2019 Filing 6 Motion for attorney Michael R. Gray to Appear Pro Hac Vice. Filing fee $ 120, receipt number 0647-9299391, filed by Plaintiff Matco Tools Corporation. (Attachments: #1 Affidavit of Michael Gray, #2 Proposed Order)(McMillan, Ronald)
May 7, 2019 Notice to Attorney Michael R. Gray. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document(s) #1 . (P,WL)
May 6, 2019 Filing 5 Original Summons and Magistrate Consent Form issued to counsel for service upon Cary G Urquhart. (Attachments: #1 Magistrate Consent Form) (S,HR)
May 6, 2019 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge Kathleen B. Burke. (S,HR)
May 6, 2019 Judge Sara Lioi assigned to case. (S,HR)
May 6, 2019 Filing 4 Motion for preliminary injunction filed by Plaintiff Matco Tools Corporation. Related document(s) #1 . (Attachments: #1 Brief in Support, #2 Declaration of Michael Swanson, #3 Proposed Order)(McMillan, Ronald)
May 6, 2019 Filing 3 Report on the Filing of an Action Regarding a Patent or Trademark (AO120) filed by Matco Tools Corporation. (McMillan, Ronald)
May 6, 2019 Filing 2 Corporate Disclosure Statement identifying Corporate Parent Fortive Corporation for Matco Tools Corporation filed by Matco Tools Corporation. (McMillan, Ronald)
May 6, 2019 Filing 1 Verified Complaint against Cary G Urquhart. Filing fee paid $ 400.00, Receipt number 0647-9294296. Filed by Matco Tools Corporation. (Attachments: #1 Civil Cover Sheet, #2 Summons, #3 Exhibit A (Defendant's Distributorship Agreement), #4 Exhibit B (UCC-1 Financing Statement), #5 Exhibit C (Receipt), #6 Exhibit D (Photograph of Defendant's Truck), #7 Exhibit E (Notice of Immediate Termination)) (McMillan, Ronald)

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Defendant: Cary G Urquhart
Represented By: Mark M. Turner
Represented By: Maximilian A. Julian
Represented By: Cathryn R. Ensign
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Plaintiff: Matco Tools Corporation
Represented By: Michael R. Gray
Represented By: Brandon A. Wojtasik
Represented By: Ronald M. McMillan
Represented By: Richard P. Goddard
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