Concentrix CVG Corporation et al v. Daoust et al
| Concentrix CVG Customer Management Group, Inc., Concentrix CVG Corporation f/ka Convergys Corporation, Concentrix CVG Corporation and Convergys Corporation |
| TaskUs, Inc., TaskUs Holding, Inc. and Stephan J. Daoust |
| 1:2021cv00131 |
| February 26, 2021 |
| US District Court for the Southern District of Ohio |
| Timothy S Black |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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Notation Order: This civil action is before the Court on Defendant's objection to and motion to strike all evidence attached to Plaintiff's reply in support of the motion for preliminary injunction (Doc. #26 ). The Court finds that the information filed in support of the reply is presented to rebut the positions argued by Defendant in opposition, see Local Rule. 7.2(d), and/or may be at least considered when determining the weight of evidence at this preliminary proceeding. See, e.g., Univ. of Tex. v. Camenisch, 451 U.S. 390, 395 ("a preliminary injunction is customarily granted on the basis of procedures that are less formal and evidence that is less complete than in a trial on the merits"). Accordingly, the motion to strike (Doc. #26 ) is DENIED. The Court will provide a more detailed analysis of this decision in its order on the preliminary injunction. The motion for preliminary injunction is now ripe for decision and the Court will not entertain further filings related to that motion. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/22/2021. (rrs)
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| Filing 26 Objection to and MOTION to Strike Evidence Attached to Plaintiff's Reply in Support of Motion for Preliminary Injunction (doc. #24 ) by Defendant Stephan J. Daoust. (Ingram, Jennifer) Modified to change event to Motion on 4/22/2021 (eh). |
| Filing 25 NOTICE by Plaintiff Concentrix CVG Customer Management Group, Inc. of Filing of Reformatted Declaration of Cormac Twomey re #24 REPLY to Response to Motion re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction (Attachments: #1 Exhibit A - Reformatted Declaration of Cormac Twomey) (Carter, Kevin) Modified docket text and created link to motion and reply on 4/21/2021 (eh). |
| Filing 24 REPLY to Response to Motion re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Plaintiff Concentrix CVG Customer Management Group, Inc.. (Attachments: #1 Exhibit A - Gabbard Declaration, #2 Exhibit A to Gabbard Declaration - Performance Restricted Stock Unit Award (PRSU), #3 Exhibit B to Gabbard Declaration - Time-Based Restricted Stock Unit Award (TRSU), #4 Exhibit B - Twomey Declaration) (Carter, Kevin) |
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Notation Order: This civil action is before the Court on Plaintiff's unopposed motion for extension of time to file Plaintiff's reply brief in support of the motion for preliminary injunction (Doc. #23 ). For good cause shown, that motion (Doc. #23 ) is GRANTED. Plaintiff shall file the reply brief on or before 4/16/2021. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 4/9/2021. (rrs)
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| Set/Reset Deadlines (rrs) |
| Filing 23 Unopposed MOTION for Extension of Time New date requested 4/16/2021. to file reply brief in support of motion for preliminary injunction by Plaintiff Concentrix CVG Customer Management Group, Inc.. (Attachments: #1 Exhibit A - Proposed order) (Carter, Kevin) |
| Filing 22 RESPONSE in Opposition re #7 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Defendant Stephan J. Daoust. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Ingram, Jennifer) |
| Filing 21 NOTICE re #7 by Plaintiff Concentrix CVG Customer Management Group, Inc. of Filing of Proposed Preliminary Injunction Order (Attachments: #1 Exhibit A - Proposed Order Granting Plaintiff's Motion for Preliminary Injunction) (Carter, Kevin) Modified to Add Document Link on 3/30/2021 (bjc). |
| Filing 20 ANSWER to #14 Amended Complaint, filed by Stephan J. Daoust. (Ingram, Jennifer) |
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Filing 19
CALENDAR ORDER. Signed by Judge Timothy S. Black on 3/26/2021. (rrs)
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| Minute Entry: This civil action came before the Court for an informal conference by telephone regarding Plaintiff's motion for temporary restraining order and preliminary injunction (Doc. #7 ) on 3/26/2021 at 11:00 a.m. Kevin Carter and George Yund appeared on behalf of Plaintiff; Laura ODonnell, Christina Corl, and Henson Adams appeared on behalf of Defendant. The parties discussed an expedited briefing schedule on the motion. A calendar order shall issue by separate entry. (rrs) |
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Filing 18
ORDER granting TaskUs Holdings, Inc. and TaskUs, Inc.'s Motion to Dismiss For Lack of Personal Jurisdiction (Doc. #12 ). Signed by Judge Timothy S. Black on 3/24/2021. (rrs)
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Notation Order: This civil case is set for a conference by telephone regarding Plaintiff's motion for temporary restraining order and preliminary injunction (Doc. #7 ) on 3/26/2021 at 11:00 a.m. Before the conference, the parties shall confer and submit a proposed briefing schedule for the motion for temporary restraining order and preliminary injunction (Doc. #7 ) via email to chambers (black_chambers@ohsd.uscourts.gov). COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/24/2021. (rrs)
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| Filing 17 MOTION to Dismiss #14 Amended Complaint for Lack of Jurisdiction by Defendants TaskUs Holding, Inc., TaskUs, Inc.. (Attachments: #1 Exhibit (Declaration of S. Daoust)) (Ingram, Jennifer) Modified To Add Document Link and Text on 3/22/2021 (bjc). |
| Filing 16 REPLY to Response to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction and Memorandum on Subject Matter Jurisdiction and Memorandum on Subject Matter Jurisdiction filed by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc.. (Ingram, Jennifer) |
| Filing 15 RESPONSE to Motion re #12 MOTION to Dismiss for Lack of Jurisdiction and Memorandum on Subject Matter Jurisdiction filed by Plaintiffs Concentrix CVG Corporation, Concentrix CVG Customer Management Group, Inc.. (Attachments: #1 Exhibit A - Declaration of Jason Murphy, #2 Exhibit A to Declaration of Jason Murphy - Excerpt from signalhire.com) (Carter, Kevin) |
| Filing 14 AMENDED COMPLAINT for Preliminary Injunction, Permanent Injunction, and Other Relief against Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc., filed by Concentrix CVG Customer Management Group, Inc.. (Attachments: #1 Exhibit A - Daoust Non-Compete Agreement, #2 Exhibit B - Verification declaration) (Carter, Kevin) |
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NOTATION ORDER granting #13 Motion for Leave to Appear Pro Hac Vice of Kayla Livingston as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Judge Timothy S. Black on 3/10/2021. (eh)
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| Filing 13 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8206641) of Kayla Livingston by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc.. (Attachments: #1 Exhibit A - Illinois Certificate of Admission) (Corl, Christina) |
| Filing 12 MOTION to Dismiss for Lack of Jurisdiction and Memorandum on Subject Matter Jurisdiction by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc.. (Attachments: #1 Exhibit A) (Ingram, Jennifer) |
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NOTATION ORDER granting #3 Motion for Leave to Appear Pro Hac Vice of Jennifer Beth Ingram; granting #4 Motion for Leave to Appear Pro Hac Vice of Laura E. O'Donnell ; granting #5 Motion for Leave to Appear Pro Hac Vice of Charles Henson Adams as Co-Counsel. Co-Counsels are directed to register for efilingthrough PACER unless they have done so previously. Signed by Judge Timothy S. Black on 3/5/2021. (eh)
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| Filing 11 NOTICE by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc. re #4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8171381) of Laura E. O'Donnell of Certificate of Good Standing (Texas) (Corl, Christina) |
| Filing 10 NOTICE by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc. re #3 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8171346) of Jennifer Beth Ingram of Certificate of Good Standing (Texas) (Corl, Christina) |
| Filing 9 NOTICE by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc. of Certificate of Good Standing (Texas) (Corl, Christina) |
| Filing 8 Notice of Deficiency re: #3 MOTION for Leave to Appear Pro Hac Vice of Jennifer Beth Ingram, #4 MOTION for Leave to Appear Pro Hac Vice of Laura E. O'Donnell, and #5 MOTION for Leave to Appear Pro Hac Vice of Charles Henson Adams. The submitted certificates are not from the highest court of a State. Deficiency Deadline by 3/16/2021. (eh) |
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Minute Entry and Notation Order: This civil action came before the Court pursuant to S.D. Ohio Civ. R. 65.1 for an informal conference by telephone regarding Plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. #7 ) on 3/2/2021 at 11:00 a.m. Kevin Carter and George Yund appeared on behalf of Plaintiffs, along with party-representative Jason Murphy; Christina Corl, Jennifer Ingram, and Henson Adams appeared on behalf of Defendants. The Court raised a threshold issue of whether this Court has subject matter jurisdiction. The parties also discussed whether there is personal jurisdiction over Defendants TaskUS Holdings, Inc. and TaskUS, Inc. Defendants SHALL file a motion in support of subject matter jurisdiction and for lack of personal jurisdiction on or before 3/8/2021. Plaintiffs' response due 3/12/2021. Defendants' reply due 3/16/2021. The Court will rule expeditiously on the jurisdictional issues. If the Court retains jurisdiction, an expedited briefing scheduling on Plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. #7 ) shall follow. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/2/2021. (rrs)
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| Filing 7 MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction, originally filed 2/19/2021 in Hamilton County Court of Common Pleas (Case No. A2100570) by Plaintiff's Concentrix CVG Corporation, Concentrix CVG Customer Management Group, Inc. (kl) |
| Filing 6 COMPLAINT with JURY DEMAND originally filed 2/15/2021 in Hamilton County Court of Common Pleas (Case No. A2100570) by Concentrix CVG Corporation, Concentrix CVG Customer Management Group, Inc. against Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc. (kl) |
| If this case is referred, it will be to Magistrate Judge Karen L. Litkovitz. (kl) |
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Notation Order: Pursuant to Local Rule 65.1, the Court sets this case for an informal preliminary conference by telephone on 3/2/2021 at 11:00 a.m for the purpose of discussing Plaintiffs' motion for temporary restraining order and preliminary injunction (Doc. #7 ). COUNSEL SHALL CALL: 1-888-684-8852; Access code: 8411435; Security code: 123456, and wait for the Court to join the conference. IT IS SO ORDERED. Signed by Judge Timothy S. Black on 3/1/2021. (rrs)
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| Filing 5 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number 006439) of Charles Henson Adams by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing - Texas) (Corl, Christina) Modified on docket text 3/1/2021 (kl). |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8171381) of Laura E. O'Donnell by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc.. (Attachments: #1 Exhibit Good Standing - Texas) (Corl, Christina) |
| Filing 3 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-8171346) of Jennifer Beth Ingram by Defendants Stephan J. Daoust, TaskUs Holding, Inc., TaskUs, Inc.. (Attachments: #1 Exhibit Certificate of Good Standing - Texas) (Corl, Christina) |
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Filing 2
ORDER REASSIGNING CASE. Case reassigned to Judge Timothy S. Black for all further proceedings. Judge Michael R. Barrett no longer assigned to case. Signed by Judge Michael R. Barrett on 2/26/21. (ba)
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| Filing 1 NOTICE OF REMOVAL from Hamilton, case number A 2100570 ( Filing fee $ 402 paid - receipt number: AOHSDC-8169678), filed by TaskUs Holding, Inc., Stephan J. Daoust, TaskUs, Inc.. (Attachments: #1 Exhibit Verified Complaint for Preliminary Injunction, Permanent Injunction, and Other Relief, #2 Exhibit State Court (Hamilton County) Court Docket, #3 Exhibit Motion for Temporary Restraining Order and Preliminary Injunction, #4 Civil Cover Sheet Civil Cover Sheet, #5 Supplemental Civil Cover Sheet Supplemental Civil Cover Sheet) (Corl, Christina) |
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