DAT Solutions, LLC v. Convoy, Inc.
DAT Solutions, LLC |
Convoy, Inc. |
3:2022cv00088 |
January 19, 2022 |
US District Court for the District of Oregon |
Karin J Immergut |
Defend Trade Secrets Act (of 2016) |
Both |
Docket Report
This docket was last retrieved on April 24, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 64 Notice of Change of Address. for Counsel Marjorie A. Elken Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 63 Notice of Attorney Withdrawal: Marissa Black Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 62 Notice re Order on motion for extension of time, 61 , Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing Held,,,,,,, 56 Notice of Compliance Filed by DAT Solutions, LLC. (Related document(s): Order on motion for extension of time, 61 , Order on Motion to Compel,,,,,,,,,,,,,,,,,,,,,,,, Motion Hearing Held,,,,,,, 56 .) (Elken, Marjorie) |
Filing 61 ORDER: Plaintiff's Motion for Extension of Time, ECF #60 , is GRANTED for good cause. The deadline for Plaintiff to serve upon Defendant the trade secret disclosure ordered by this Court on 8/5/2022, ECF 56 , is now 9/27/2022. Ordered by Judge Karin J. Immergut on 9/23/2022. (jy) |
Filing 60 Stipulated Motion for Extension of Time to Serve Trade Secret Disclosure. Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 59 Reply Memorandum in Support of to Motion to Dismiss for Failure to State a Claim #55 . Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 58 OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic Oral Argument held on August 5, 2022, before Judge Karin J. Immergut, Court Reporter Jill L. Jessup, telephone number (503)326-8191 or email at jill_jessup@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained through the Court Reporter at (503)326-8191 or email at jill_jessup@ord.uscourts.gov or PACER. See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 9/6/2022. Redaction Request due 9/20/2022. Redacted Transcript Deadline set for 9/30/2022. Release of Transcript Restriction set for 11/28/2022. (jjcr) |
Filing 57 Response in Opposition to Motion to Dismiss for Failure to State a Claim #55 Oral Argument requested. Filed by Convoy, Inc.. (Ramfjord, Per) |
Filing 56 Minutes of Proceedings: On August 5, 2022, this Court held a Telephonic Motion Hearing on Defendant's Motion to Compel, ECF #43 . Defendant's Motion is GRANTED IN PART. Within 45 days of this Court's Order, Plaintiff is ORDERED to identify with reasonable particularity each alleged trade secret that Plaintiff contends Defendant allegedly misappropriated. As explained on the record, this Court finds that pre-discovery identification of Plaintiff's specific trade secrets is necessary to provide Defendant with the opportunity to meaningfully respond to discovery. See Vesta Corp. v. Amdocs Mgmt. Ltd., 147 F. Supp. 3d 1147, 115354 (D. Or. 2015); see also Sedona Conference, Commentary on the Proper Identification of Asserted Trade Secrets in Misappropriation Cases (2021) at 238. Accordingly, this Court orders conferral on the format of Plaintiff's identification and notes that this information will be subject to the protective order issued in this case. Because pre-discovery identification has been ordered, Defendant's request to compel Plaintiff to more fully respond to Interrogatory No. 1 is denied as moot. Further, this Court stays all discovery as to both Parties pending Plaintiffs pre-discovery identification. Amendments to Plaintiff's pre-discovery identification will only be allowed for good cause. Ordered by Judge Karin J. Immergut on 08/08/2022. Marjorie A. Eiken, Marissa L. Black, and Sean McGrane present as counsel for plaintiff(s). Amy Candido, Charles Tait Graves, Jason B. Mollick, and Per A. Ramfjord present as counsel for defendant(s). Court Reporter: Jill Jessup. Judge Karin J. Immergut presiding. (Related document(s): Motion to Compel, #41 , Motion to Compel, #42 , Motion to Compel, #43 .) (jy) |
Filing 55 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 54 Notice of Change of Address. for Sean L. McGrane Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 53 Notice of Change of Address. for Damond R. Mace Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 52 Notice of Change of Address. for Marissa Black Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 51 Scheduling Order. Hearing on the parties' discovery dispute is set for 8/5/2022 at 2:00PM in Portland by telephone before Judge Karin J. Immergut. Ordered by Judge Karin J. Immergut. (jy) |
Filing 50 Motion to Expedite or Accelerate , Motion for Hearing Corrected Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order #43 , Redacted Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and for Protective Order #41 , Corrected Motion to Compel REDACTED Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order #42 . Oral Argument requested.Expedited Hearing requested. Filed by DAT Solutions, LLC. (Attachments: #1 Exhibit, #2 Exhibit) (Elken, Marjorie) |
Filing 49 Memorandum in Opposition to Corrected Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order #43 , Redacted Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and for Protective Order #41 , Corrected Motion to Compel REDACTED Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order #42 Oral Argument requested. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Filed by DAT Solutions, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Elken, Marjorie) |
Filing 48 Redacted Memorandum in Opposition to Corrected Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order #43 , Redacted Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and for Protective Order #41 , Corrected Motion to Compel REDACTED Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order #42 Oral Argument requested. Filed by DAT Solutions, LLC. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit) (Elken, Marjorie) |
Filing 47 STIPULATED ORDER RE: DISCOVERY OF ELECTRONICALLY STORED INFORMATION. See attached order for details. Signed on 7/6/22 by Judge Karin J. Immergut. (jy) |
Filing 46 ORDER: This Court GRANTS the unopposed motion to file excess pages, ECF #44 . Parties are given leave to file opening and opposition briefs of up to 15 pages in connection with the motion. This Court also GRANTS the stipulated motion for extension of time to respond to counterclaims and set briefing schedule, ECF #45 . Plaintiff's response to Defendant's counterclaims will be due July 22, 2022. Defendant's opposition will be due August 26, 2022. Plaintiff's reply will be due September 16, 2022. This Court is also in receipt of the Parties' Joint Status Report, ECF #31 . The Court will schedule a status conference setting a case management schedule after Defendant's Motion to Dismiss is resolved, ECF #26 . Ordered by Judge Karin J. Immergut. (jy) |
Filing 45 Stipulated Motion for Extension of Time to Respond to Counterclaims and Set Briefing Schedule. Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 44 Unopposed Motion to File Excess Pages re Motion to Compel, #43 , Motion to Compel, #42 . Filed by Convoy, Inc.. (Candido, Amy) |
Filing 43 Corrected Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order. (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) Oral Argument requested. Filed by Convoy, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2 (AEO), #3 Proposed Order) (Candido, Amy) |
Filing 42 Corrected Motion to Compel REDACTED Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and Motion for Protective Order. Oral Argument requested. Filed by Convoy, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Candido, Amy) (Additional attachment(s) added on 6/29/2022: #3 Exhibit Proposed Order) (ecp). |
Filing 41 Redacted Motion to Compel Pre-Discovery Identification of Trade Secret Claims and a Complete Response to Interrogatory 1; and for Protective Order. Oral Argument requested.Expedited Hearing requested. Filed by Convoy, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Proposed Order) (Candido, Amy) |
Filing 40 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #39 by attorney Justina Sessions. Ordered by Judge Karin J. Immergut. (jy) |
Filing 39 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Justina Sessions. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8565254. Filed by Convoy, Inc.. (Sessions, Justina) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Justina Sessions. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8565254 #39 : Reviewed and Ready for Ruling. (ecp) |
Filing 38 Stipulated Proposed Order Re: Discovery of Electronically Stored Information by DAT Solutions, LLC. Filed by DAT Solutions, LLC. (Elken, Marjorie) Modified on 6/22/2022 to correct event and docket text (ecp). |
Filing 37 Joint ADR Report . Filed by DAT Solutions, LLC.(Elken, Marjorie) |
Filing 36 Answer to #1 Complaint, with Jury Demand Partial Answer to Complaint, Counterclaim for Illegal Contracts in Restraint of Trade; Monopolization; and Attempted Monopolization in Violation of Federal and Oregon Law DAT Solutions, LLC. Filed by Convoy, Inc.. (Attachments: #1 Exhibit 1 - National Account Agreement, #2 Exhibit 2 - Under Seal - Products and Pricing Supplement, #3 Exhibit 3 - Under Seal - Amendment 1, #4 Exhibit 4 - National Account Rateview Service Addendum) (DOCUMENT RESTRICTED ACCORDING TO PROTECTIVE ORDER) (Candido, Amy) |
Filing 35 Answer to #1 Complaint, with Jury Demand Partial Answer to Complaint Filer is subject to the requirements of Fed. R. Civ. P. 7.1, Counterclaim for Illegal Contracts in Restraint of Trade; Monopolization; and Attempted Monopolization in Violation of Federal and Oregon Law DAT Solutions, LLC. Filed by Convoy, Inc.. (Attachments: #1 Exhibit 1 - National Account Agreement, #2 Exhibit 2 - Filed Under Seal, #3 Exhibit 3 - Filed Under Seal, #4 Exhibit 4 - National Account Rateview Service Addendum) (Candido, Amy) |
Filing 34 Stipulated Protective Order. Signed on 6/13/22 by Judge Karin J. Immergut. (jy) |
Filing 33 Stipulated Proposed Form of Order Submitted Protective Order. Filed by DAT Solutions, LLC. (Elken, Marjorie) Modified on 6/17/2022 to correct docketing event (sb). |
Filing 32 Reply to Motion to Dismiss for Failure to State a Claim #26 Oral Argument requested. Filed by Convoy, Inc.. (Ramfjord, Per) |
Filing 31 Joint Status Report , Proposed Joint Case Management Schedule , Proposed Rule 26(f) Report and Discovery Plan . Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 30 Memorandum in Opposition to Motion to Dismiss for Failure to State a Claim #26 . Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 29 ORDER: Finding good cause, this Court GRANTS the stipulated motion for extension, ECF #28 . Plaintiff's time to respond to Defendant's Motion to Dismiss will be extended to April 29, 2022. Ordered by Judge Karin J. Immergut. (jy) |
Filing 28 Stipulated Motion for Extension of Time to File a Response/Reply to Motion to Dismiss for Failure to State a Claim #26 . Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 27 Corporate Disclosure Statement . Filed by Convoy, Inc.. (Ramfjord, Per) |
Filing 26 Motion to Dismiss for Failure to State a Claim . Oral Argument requested. Filed by Convoy, Inc.. (Ramfjord, Per) |
Filing 25 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #14 by attorney Charles Tait Graves. Ordered by Judge Karin J. Immergut. (jy) |
Filing 24 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #15 by attorney Jordan R. Jaffe. Ordered by Judge Karin J. Immergut. (jy) |
Filing 23 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #16 by attorney Jason B Mollick. Ordered by Judge Karin J. Immergut. (jy) |
Filing 22 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #17 by attorney Amy Candido. Ordered by Judge Karin J. Immergut. (jy) |
Filing 21 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #18 by attorney Jordan Nelson. Ordered by Judge Karin J. Immergut. (jy) |
Filing 20 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #19 by attorney Praatika Prasad. Ordered by Judge Karin J. Immergut. (jy) |
Filing 19 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Praatika Prasad. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412233. Filed by Convoy, Inc.. (Prasad, Praatika) |
Filing 18 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jordan Nelson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412213. Filed by Convoy, Inc.. (Nelson, Jordan) |
Filing 17 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amy Candido. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412208. Filed by Convoy, Inc.. (Candido, Amy) |
Filing 16 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jason B Mollick. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412169. Filed by Convoy, Inc.. (Mollick, Jason) |
Filing 15 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jordan R. Jaffe. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412146. Filed by Convoy, Inc.. (Jaffe, Jordan) |
Filing 14 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Charles Tait Graves. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412119. Filed by Convoy, Inc.. (Graves, Charles) |
Filing 13 ORDER: Finding good cause, this Court GRANTS the Parties' Stipulated Motion to Extend Time to Respond to Complaint, [ECF 12]. Defendant shall answer or otherwise respond to Plaintiff's Complaint by March 21, 2022. Ordered by Judge Karin J. Immergut. (jp) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Amy Candido. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412208 #17 : Reviewed and Ready for Ruling. (jw) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Praatika Prasad. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412233 #19 : Reviewed and Ready for Ruling. (jw) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jason B Mollick. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412169 #16 : Reviewed and Ready for Ruling. (jw) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jordan R. Jaffe. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412146 #15 : Reviewed and Ready for Ruling. (jw) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Charles Tait Graves. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412119 #14 : Reviewed and Ready for Ruling. (jw) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Jordan Nelson. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8412213 #18 : Reviewed and Ready for Ruling. (jw) |
Filing 12 Stipulated Motion for Extension of Time to Answer Complaint, #1 . Filed by Convoy, Inc.. (Ramfjord, Per) |
Filing 11 Return of Service Executed as to Convoy, Inc. served on 1/31/2022, answer due on 2/22/2022. (Elken, Marjorie) |
Filing 10 Corporate Disclosure Statement . Filed by DAT Solutions, LLC. (Elken, Marjorie) |
Filing 9 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #6 by attorney Marissa L. Black. Ordered by Judge Karin J. Immergut. (jy) |
Filing 8 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #5 requested by attorney Sean McGrane. Ordered by Judge Karin J. Immergut. (jy) |
Filing 7 ORDER: Granting Motion for Leave to Appear Pro Hac Vice #4 requested by attorney Damond Mace. Ordered by Judge Karin J. Immergut. (jy) |
Filing 6 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marissa L. Black. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8395281. Filed by DAT Solutions, LLC. (Black, Marissa) |
Filing 5 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Sean McGrane. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8395266. Filed by DAT Solutions, LLC. (McGrane, Sean) |
Filing 4 Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Damond Mace. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8395255. Filed by DAT Solutions, LLC. (Mace, Damond) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Sean McGrane. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8395266 #5 : Reviewed and Ready for Ruling. (ecp) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Damond Mace. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8395255 #4 : Reviewed and Ready for Ruling. (ecp) |
Clerk's Review of Motion for Leave to Appear Pro Hac Vice. Pro Hac Vice admission requested by attorney Marissa L. Black. Filing fee in the amount of $300 collected; Agency Tracking ID: AORDC-8395281 #6 : Reviewed and Ready for Ruling. (ecp) |
Filing 3 Summons Issued Electronically as to Convoy, Inc.. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jtj) |
Filing 2 Notice of Case Assignment to Judge Karin J. Immergut and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 5/20/2022. Joint Alternate Dispute Resolution Report is due by 6/21/2022. Pretrial Order is due by 6/21/2022. Ordered by Judge Karin J. Immergut. (jtj) |
Filing 1 Complaint. Filing fee in the amount of $402 collected. Agency Tracking ID: AORDC-8377258 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: Yes. Filed by DAT Solutions, LLC against Convoy, Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Civil Cover Sheet, #8 Proposed Summons). (Elken, Marjorie) |
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